case green versus suasso the second seal after Michaelmas term December a  point which material concern the merchant in general will induce the court to  continue a injunction several action have be bring against green upon the loss  of six of the galleon insure by suasso on a policy of insurance interest or no  interest green bring a bill in this court for a injunction to stay the proceed  at law which be grant upon a former motion and now move for a commission to  America general for the examination of witness which can be produce viva voice  here it be find upon the follow case atkins the defendant in this court in  apply to the plaintiff to insure the sum of pound on six of the galleon in  their voyage from Cadiz to Carthagena and portobello cales to portobello the  policy be conceive in general term to insure from all danger and the detention  of prince the galleon sail from cales and come to Carthagena the latter end of  the war break out between England and Spain in and the fort of portobello be  destroy by vice admiral Vernon which be a protection to the place at the time  the fair be hold the galleon after the destruction of the fort c never venture  to portobello notwithstanding a fair be hold there annual lie though the time  of the year be not always the same the six galleon lie in the harbour of  Carthagena till the year when do Blass the Spanish admiral and commander in  chief there order they to be sink to choke up the harbour and by that mean  prevent the English man of war under Vernon from enter it it be insist by the  counsel for green the plaintiff in equity that upon the atkins er p uncommon  circumstance of this case the injuncton to stay trial shall be continue till a  commission for the examination of the fact in America have issue and be return  green also insist that the ship arrive at Carthagena unload there and dispose  of their cargo and by such unload have end their voyage beside as the ship be  destroy by the Spanish admiral that be a circumstance which he do not insure  against Reg lib a fol see city v Selwin post the counsel on the other side  insist that there be person now in England who be very well acquaint with all  these fact and can explain they very sufficient to a jury so that the  defendant at law can sustain no prejudice by go immediate to trial Lord  chancellor this be a very unusual case aad upon all the circumstance I think  that the injunction shall be continue till a commission have issue and be  return from America but then it ought to be limit to some particular place in  the west Indies and not leave so much at large as the plaintiff will have it  indeed it will be a great hardship upon the defendant at law to go to trial  upon such short warning on fact that do not arise in England but altogether in  America now there be two very material fact which will come under the  consideration of a jury at the time of the trial both which must depend upon  proof that must natural arise in the west Indies atkins first whether the  voyage be determine at Carthagena and that depend upon a second fact whether  the destroy the castle c at portobello make it impracticable to hold a fair  there and whether in the opinion and imagination of the merchant it can not be  hold there for that reason and if so whether it must not be admit that the  galleon have no intention of proceed any further but have determine their  voyage at Carthagena which be a very material consideration at the trial it  may possible be the case that this be a insurance on behalf of the king of  Spain himself who on the break out of the war with England may restrain these  galleon from proceed on their voyage to portobello and order they to continue  in the harbour of Carthagena if this shall happen to be the fact it will be a  very material point for the defendant at law as the person for who benefit the  galleon be insure may then be say to have determine this voyage himself and  then it may be compare to the case where house be on fire in this town when  for the sake of prevent the flame from spread fireman be under a necessity of  blow up some neighbour house suppose the house so blow up shall be insure the  term of the policy be not break as this be a unforeseen accident and a loss  not at all guard against and the insurer shall not be oblige to make it good  the present case do only affect the defendant at law but in its consequence  must material concern the merchant in general whether as public or private  insurer which if there be no other argument be of considerable weight with I  for not hurry on the trial but to continue the injunction till the defendant  be full prepare for his defence it be agree by the party in court that the  commission shall issue to two place only Jamaica and Carthagena afterward at  the instance of the defendant commission be direct to Lisbon and faro Reg lib  a fol