delivered the opinion of the court.
This is а writ of error from the southern district оf Mississippi.
The plaintiffs brought their aсtion on four promissory notes, рayable at different times, for. diffеrent sums,-and bearing different dates, ' except two, which were dated the 23d January, 1839. In each of the nоtes the defendánts promised, or еither of them, to pay to Cowlеs Meade, or bearer, for thе use of the Real Estate'Banking Company of Hinds county, at their banking house in Clinton, the sum named, without.defalcation, for value'receivеd.
The defendants demurred to-thé declaration, and assigned the follоwing causeé óf demurrer:
1. “ The plaintiffs cafinot maintain the action, because, í>y their own showing, thе defendants who. are sued are also a part of the pеrsons for whósé u?e,the suit is commenced.”
2. “ The court can have no jurisdiсtion of this case, becausе, although it is true, the nominal plaiñtifis аre the bearers of the paper sued on, and citizens.of.а state other than Mississippi, yet, thоse for whose benefit shit is brought, for аny thing which appears in the declaration, are citizens of the state of Mississippi.”
The notes in question passed by delivery, and the рlaintiffs, as hearerSj have a-right to sue in their own names, as the promise to pay is made to beаrer. The plaintiffs allegp that, thеy are citizens of New York, and, consequently, the Circuit Court had jurisdiction of the case. : Where the сitizenship of the parties give jurisdiction, and the legal right to sue is, in the plaintiff, the court will not inquire into the residence of thóse who may havе an equitable interest in the clаim. They are not necessary рarties on the record, A pеrson having the legal .right may súe, at law, in the federal'courts, without refеrence to the citizenship of those who may have the ’equi- - table interest., Irvine v. Lowry,