Gordon v. Hobart
U.S. Circuit Court for the District of Maine
Bill in equity [by Charles Gordon against Polly Hobart and another]. The bill in substance stated as follows: That John Gordon, on the 25th of November, 1S14, mortgaged to John Hobart three lots of land, namely, two in Westbrook, and one in Cape Elizabe.th, for the payment of three thousand dollars, loaned to the said Gordon by the said Hobart That no rate of interest on the said sum was fixed by the form of the said mortgage security; but that the said 'Hobart exacted an…
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Bill in equity [by Charles Gordon against Polly Hobart and another]. The bill in substance stated as follows: That John Gordon, on the 25th of November, 1S14, mortgaged to John Hobart three lots of land, namely, two in Westbrook, and one in Cape Elizabe.th, for the payment of three thousand dollars, loaned to the said Gordon by the said Hobart That no rate of interest on the said sum was fixed by the form of the said mortgage security; but that the said 'Hobart exacted an usurious interest of nine per cent by requiring, as a part of the transaction aforesaid, an indenture of lease of the…
1Opinion of the Court
STORY, Circuit Justice.
The first point naturally suggested for consideration in the case, is, whether the question of the supposed waste was properly entertained, or could be entertained, by the master, even with the consent of the parties. I am clearly of opinion, that it was not properly cognizable by the master, nor, indeed, in the cause. In the first place, there is no charge in the bill of any waste, and, consequently, no answer to it; and, therefore, the matter was in no’ sense in issue between the parties; and the court have no authority, by consent, to entertain questions, which are…
2Cited by11 opinions
- Pope v. Transparent Ice Co.Supreme Court of Virginia · 1895
- Brigham v. DanaSupreme Court of Vermont · 1856
- Wyandotte Coal & Mining Co. v. Wyandotte Paving & Construction Co.Supreme Court of Kansas · 1916
- Carey v. HerrickWashington Supreme Court · 1928
- Case v. FantCourt of Appeals for the Eighth Circuit · 1892
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