case fall all versus chamber all at the chancellor house Lord chancellor eoden  die Mr solicitor general for the defendant the plaintiff deal in tobacco from  Virginia to Scotland and insure on that voyage the policy be take our in the  name of the defendant Johnson and chamber and other under writ it the ship  come into port but the tobacco be great damage so that the insurees waive all  title to it and leave it for the benefit of the insurer and transfer it to  they and it be afterward sell to the best advantage and they be damage in the  sum of pound upon which the plaintiff file their bill set forth all this  matter and that the policy be take in the name of a trustee who refuse to let  they sue in his name at law to recover damage and pray a discovery and relief  the defendant the insurer by their answer admit the policy and make a full  discovery but demurrer to the relief because the plaintiff have a proper  remedy at law it can be controvert but that a action lie on a policy and the  only colour the plaintiff have for come into this court be that the policy be  take in the name of Johnson a trustee but if this be sufficient to translate  the jurisdiction then all action on policy will be turn into bill the agent of  foreign merchant always take they in their own name and if this expedient  shall prevail though the party live in London they will take the same method  but if the trustee real refuse his name this indeed be a foundation for the  court to compel he but not to decree against the debtor his refusal can alter  the nature of the action against he lie have a right to have the witness  examine viva voice at a trial where their evidence can be more through sift  and consider by a judge and jury than on a commission it be the common  suggestion in every bill that the witness be dead or beyond the sea out of the  jurisdiction of the court of law but here it appear by the tiffs own bill that  the loss be in Scotland and that their witness live there to this on a  demurrer have be adjudge mosely report not to be a sufficient cause to have  relief in a court of equity where there be a remedy at law but that it only  entitle the plaintiff to have a discovery on the oath of the defendant and a  commission in aid of his action at law and the same demurrer be allow by your  lordship in the case of DSilva where the ship insure be portugueze and bind on  a foreign voyage and the suggestion be that the policy be take in the name of  a trustee and that the witness be seafaring people and beyond the sea Mr  attorneygeneral for the plaintiff this be a proper bill for relief and the  demurrer be not good the bill be bring by part owner to have satisfaction on a  policy against chamber and other defendant as underwriter and against Johnson  their trustee on a ship bind from Virginia to the river Dunbar in Scotland in  the voyage the ship and cargo be great damage and when they arrive at Dunbar  they proceed to sell her under proper protest by a decree of a court of  admiralty for the benefit of the insurer renounce all right as to themselves  we charge that the trustee refuse his name that the transaction be in Scotland  and that it be a foreign voyage from Virginia thither and that consequent the  evidence must arise abroad it be proper for a beneficiary and trust to come  into a court of equity on the refusal of his trustee to have liberty to sue in  his name suppose a bind be assign what be more common than to bring a bill  against the obligor and obligee for a satisfaction and the plaintiff be never  send back to recover the payment at law though the defendant in that case may  demurrer for the same reason the defendant here have but they allow we be  proper to pray relief against Johnson but he may have demurrer to our bill if  we have not make the other defendant party because they may have make we a  satisfaction but if this demurrer be allow the bill will be out of court as to  they and then Johnson at the hear may object for want of party and as this  matter arise in Scotland and our evidence be there it be the same thing as if  they be beyond the sea because the process of our court do not bind they we  design to examine the customhouse officer in Scotland and if we shall serve  they with a subpoena in Scotland since they mosely report er p be not bind to  obey it sure we have a right to a commission to examine they in Scotland and  the objection that the examination of witness viva voice be great preferable  to a examination by commissioner be of no weight because this court if they be  not satisfy with the evidence may direct a issue mosely report Lord chancellor  if I shall give way to this attempt no action will ever be bring on a policy  and a bill may as well be bring for payment of a bind on suggestion that the  witness be abroad or dead beside these be transaction that in their own nature  must arise at sea and out of the jurisdiction of the court and they that will  take a policy in this kingdom must be subject to our form of trial and who  will insure if they be liable to bill the jury will take the account and  consider of savage and all proper allowance and do it in all such trial why  can the plaintiff bring his witness from Scotland as well as be do every day  from Northumberland which be the next county to it the commissioner will give  their officer leave to come to the trial his lordship be go to allow the  demurrer but at the instance of the attorneygeneral he make the same order he  have do before in the case of Dhegetoft and the London assurance ant Cas that  the demurrer shall stand over till the trustee have put in his answer