Granite Trading Corp. v. Harris

PARKER, Circuit Judge.

This is an appeal in an action instituted in the court below by a corporation of the state of New York against an individual, one H. H. Harris, Sr., alleged to be a citizen of North Carolina. A motion to dismiss was allowed on the ground that the requisite diversity of citizenship was lacking, the court finding that the defendant was a citizen of the state of New York. The question presented by the appeal is the correctness of this finding, which involves a pure question of law, as the facts are not disputed and are contained in the testimony of defendant, which is as…