case hornby versus Pemberton at the chancellor house Lord chancellor one  copartner who live at Constantinople bring his action for pound against the  other who live in London for good consign to he the defendant file a bill for  a discovery account and injunction and require that the defendant may set  forth all book paper c which belong to he or concern any account between they  in his word shape the defendant in his answer set forth a particular of all  such book and paper and offer to produce they at Constantinople upon oath to  any person the plaintiff shall appoint and to let he have copy and the Lord  chancellor be of opinion that the plaintiff demand be unreasonable and the  defendant offer sufficient the defendant in this court who live at  Constantinople bring his action against the plaintiff for good consign by he  to the plaintiff in London to the value of pound the plaintiff put in bail and  file his bill against the defendant as his copartner for a account and for a  discovery and injunction and upon the defendant pray a dedimus have a  injunction of course till answer and the defendant file a cross bill the  plaintiff in the original cause require that the defendant may set forth all  book of account letter entry c in his word shape which be in his hand and  belong to the plaintiff or which concern any account between the plaintiff and  the defendant the defendant in a schedule annex to his answer set forth a  particular of all book and paper in his hand belong to the plaintiff and of  all book of account between they and consent to produce they to any person  mosely report in Constantinople the plaintiff will appoint and let the  plaintiff have copy of they at his own charge the plaintiff inter all except  to this part of the answer the master report the answer insufficient and the  defendant take exception to the report and the Lord chancellor be of opinion  that the plaintiff demand be unreasonable and impossible to be comply with and  do pure to keep the defendant out of his money by the injunction and inveigh  severe against the council who take the exception which he overrule with this  direction that the defendant shall produce upon oath all book of account paper  c to such person or person at Constantinople as the plaintiff shall appoint  the affidavit be to be settle by a master and to be swear before the consul or  ambassador at Constantinople accord to the usage of English merchant reside  there and the plaintiff be to take copy of they if he please at his own charge  another exception be that the defendant have not discover what good he have  consign in England to other people the defendant in his answer set forth that  he have consign several parcel of good to the plaintiff but that the plaintiff  give he no account of his receipt and have refuse to accept his bill which be  protest for nonpayment great injure he in his credit and that thereupon he  will make no consignment to he and submit to the court whether this be not a  breach and determination of the article of copartnership and the Lord  chancellor so far allow this exception as that the defendant shall set forth  all good consign by he to other person on his own account in England and to  who and on what commission from when he cease to deal with the plaintiff for  this be a matter of judgement which at the hear be to be determine by the  court therefore the defendant ought to discover for suppose he die in the mean  time and it shall be determine for the plaintiff how be he then to come at a  knowledge of these consignment though then he will be plain entitle to a  discovery the answer be adjudge insufficient by the course of the court the  injunction be to continue and the defendant in the cross cause be not oblige  to answer till the defendant in the original cause have put in a sufficient  answer but the defendant have swear in his answer that pound be real due to he  and not be able to put in a further answer in less than two year his lordship  further order that the mosely report allow this exception shall not hinder the  defendant from get a answer to his cross bill and that he may proceed at law  so far as to ascertain his debt not withstand the injunction and Mr mead say  that in such particular case the court always proceed contrary to the common  rule and that Lord Cowper have oblige mosely report er p a plaintiff to accept  a answer from Tripoli which have be ignorant break open on shipboard