Noakes and Company, Ltd, v Rice

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date17 December 1901
Judgment citation (vLex)[1901] UKHL J1217-2

[1901] UKHL J1217-2

House of Lords

Noakes and Company, Limited,
and
Rice.
1

After hearing Counsel, as well on Monday the 9th as Tuesday the 10th days of this instant December, upon the Petition and Appeal of Noakes and Company, Limited, whose registered office is situate at the Black Eagle Brewery, White's Grounds, Bermondsey, in the county of Surrey, praying, That the matter of the Orders set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 27th of June 1900, and also an Order of the Chancery Division of the High Court...

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17 cases
  • Re Cosslett (Contractors) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1997
    ... ... ed.) with some amendments, the Company agreed to carry out permanent and temporary works in connection with the Upper Garw Valley ... ...
  • Rathner (Liquidator), in the matter of PE Capital Nominees Pty Ltd (In Liq) v Runner Investment Limited
    • Australia
    • Federal Court (Australia)
    • 5 July 2023
    ...Sim 531 Lord Strathcona Steamship Co Ltd v Dominion Coal Co Ltd [1926] AC 108 Manser v Dix (1857) 8 De GM & G 703; 44 ER 561 Noakes v Rice [1902] AC 24 P & A Swift Investments v Combined English Stores Group Plc [1989] AC 632 Palk v Mortgage Services Funding plc [1993] 2 WLR 415 Pearce v Mo......
  • Golobadana No 35 Ltd v Bank of South Pacific Limited (formerly Papua New Guinea Banking Corporation) (2002) N2309
    • Papua New Guinea
    • National Court
    • 11 November 2002
    ...of a mortgagor to redeem his property is a fundamental characteristic of all mortgagees. As Lord Macnaghten said in Nokes & Co Ltd v Rice [1902] AC 24 at 30: "Redemption is of the very nature and essence of a mortgage, as mortgages are regarded in equity. It is inherent in the thing itself.......
  • Multiservice Bookbinding Ltd v Marden
    • United Kingdom
    • Chancery Division
    • Invalid date
    ...New Brunswick Railway Co. v. British and French Trust Corporation Ltd. [1939] A.C. 1; [1938] 4 All E.R. 747, H.L.(E.) Noakes & Co. Ltd. v. Rice [1902] A.C. 24, H.L.(E.). Rex v. International Trustee for the Protection of Bondholders Aktiengesellschaft [1937] A.C. 500; [1937] 2 All E.R. 164,......
  • Get Started for Free
2 books & journal articles
  • Reform of Assignation in Security: Lessons from the Netherlands
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , January 2012
    • 1 January 2012
    ...an important right which cannot be contracted out of3131This is the “once a mortgage always a mortgage” principle: Noakes & Co Ltd v Rice [1902] AC 24. and which, itself, may be the object of security Because of the major role accorded to equity in the English security interest system, Engl......
  • The Eurohypothec and the English Mortgage
    • United Kingdom
    • Sage Maastricht Journal of European and Comparative Law No. 13-2, June 2006
    • 1 June 2006
    ...MJ 2 (2006) 18578Grangeside Properties Ltd. vCollingwoods Securities Ltd [1964] 1 WLR 139, Court of Appeal, per HarmanLJ at 143.79[1902] AC 24.80Ibid, 33- 34.81Kreglinger vNew Patagonia Meat and Cold Storage Co Ltd [1914] AC 25, House of Lords, per ViscountHaldane LC at 36. See Howard vHarr......