case DHEGETOFT all versus the London assurance all at the chancellor house  Lord chancellor eoden die January the that quaere if a bill can be bring on a  policy of insurance take in a trustee name on a suggestion that the witness  live abroad and that the trustee will not let the plaintiff bring a action in  his name the plaintiff be foreigner and copartner who fit out a ship from  ostend to china and back again and the defendant DGoniegh their agent insure  the ship and cargo here in England by the other defendant and take the policy  in his own name the ship proceed on her voyage and call in at Bencolen where  the governor seize her as a interloper and dispose of her and the cargo upon  which the plaintiff bring this bill set forth that the policy be take in the  name of DGoniegh their trustee and that he refuse to let they sue the other  defendant in his name that the fact happen abroad and that their witness who  can prove they be beyond sea and therefore they pray a discovery and relief  and the defendant demurrer to the relief and their counsel say that the same  demurrer be allow by his lordship the that of January in the case of DSilva  versus wall and other where the policy be on a Portuguese ship and it be  suggest in the bill that the witness be Portuguese and live abroad and that  the expense of bring they over on a trial will be more than the cause will  bear and that their trustee will not let they bring a action in his name yet  his lordship be of opinion that they must recover at law as well as they can  and have no title to be relieve here that it be the common suggestion in every  bill that the witness be beyond sea that policy be general take in the name of  a trustee and that if he refuse to let the action be bring in his name a bill  may be file against he to compel he to it the counsel for the plaintiff insist  that if they have file their bill against the trustee only he will have  demurrer because they have not make the London assurance party who may have  satisfy they and that they have bring a proper bill and that they ought either  to have the liberty to use the name of the defendant their trustee or to have  a remedy against the other defendant that the demurrer ought to be overrule  because possible the court may think proper to relieve they at the hear but if  the demurrer shall be allow they will be out of court and so lose even the  relief against their trustee which they be plain entitle to mosely report Lord  chancellor at this rate all policy of insurance will be try in this court for  they be general take in the name of a trustee and be make on ship go abroad  and the witness live abroad let the demurrer be respite till the defendant  DGonieqh have put in his answer and on the saint of November the demurrer be  allow the allowance of the demurrer be affirm in the house of lord on Monday  the saint day of February post Cas Thursday January the that plead and  demurrer