boheme and porter February how far there must be a very strong equity appear  to entitle the plaintiff to a injunction in case of a bill of exchange where a  injunction shall be continue till the hear before the answer of some of the  defendant come in by reason that they live beyond sea how far it will be a  ingredient for continue a injunction till the hear that the note in question  be a stale one where a person shall be consider as a trustee for another of a  sum of money recover upon a note notwithstanding he have give the other credit  for it in a account boheme be master of a vessel and Congreve and Barker be  trader live at Waterford in Ireland Congreve and Barker have deal with boheme  and boheme Barnardiston er p give they a promissory note in a certain sum of  money this note be endorse to porter who be a agent for they in England but  the intent of this endorsement mere be that porter may recover the money which  the note be give for and beaccountable to they for it porter accord bring his  action upon the Barnardiston note against boheme bail be give in that action  and he recover judgement in it the present bill be bring by boheme against  porter Congreve and Barker set forth a account that boheme have with Congreve  and Barker and pray a injunction to stay execution upon this judgement porter  put in his answer and by that answer the fact appear to be to the purport  before mention Congreve and Barker be serve in Ireland with subpoena to answer  this bill but they refuse to put in a answer to it and be serve with a  attachment in Ireland upon that account a motion be now make that the order  may be discharge whereby a injunction be grant till the come in of the answer  of the several defendant on the other hand it be pray that upon the fact  appear as they do on the answer which be come in the injunction may be  continue to the hear Lord chancellor say it have be represent that the write  which boheme sign be a bill of exchange and that it be play over into the hand  of one who be only factor or agent for Congreve and Barker if this have be so  there must have be very strong appearance of equity to have entitle the  plaintiff to a injunction though in other sort of case a injunction will be  continue to the hear without stay for the answer of any such defendant who  appear to live beyond sea but in the present case this be only a promissory  note and not a bill of exchange it be a note too give so long ago as which  make the case less favourable than if the note be give recent this note be  send over to porter to be make use of by he mere as a factor or agent for  Congreve and Barker porter must be consider as a Barnardiston trustee for they  for though it be true that there be a open account depend between he and they  and credit be give for that note yet there be nothing do subsequent by which  that note be consider as his own the person real entitle to the benefit of  this note live at Waterford in Ireland a place that be within the king  dominion they have be serve with subpoena to answer this bill and with  attachment for not put in their answer and bail have be give in this action as  this be so it will be extreme hard that the injunction shall not at present be  continue however his lordship say that he will not now continue it to the hear  but only till the answer of Congreve and Barker shall come in and so his  lordship be please to order accord