Joseph Story

“ The 11th section of the Judiciary act of 1789, ch. 20, provides, 'Nor shall any district or circuit court have cognisance of any suit to recover the contents of any promissory note, or other chose in action in favor of an assignee, unless the suit might have been prosecuted in such court to recover the said contents, if no assignment had been made, except in cases of foreign bills of exchange.' Now, the present case falls directly within the prohibition of this clause. ”

“ The original action was brought by the bank of Memphis, alleging the stockholders to be citizens of Tennessee, against the plaintiffs in error, (the original defendants,) alleging them to be citizens of Mississippi ”