JUDGMENT

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L.019 OF 2002

BETWEEN DAVID LAWRENCE

AND NESTLE- JMP JAMAICA

LIMITED(incorporating CREMO

LIMITED)

PLAINTIFF

DEFENDANT

Miss Marion Rose-Green for the Plaintiff 'Claimant' and Mr. Emile

Leiba instructed by Myers Fletcher & Gordon for the Defendant.

Contract - Nature of agreement - Detinue - Conversion - Applicatio for accounting for profits.

Mortgage-Priority- Discharge of Mortgage as Opposed to purchase or

acquisition- In what circumstances does the presumption arise that

C! stranger paying off mortgage intends to keep mortgage alive- What

amounts to evidence of contrary intention.

APPLICATION BY INSURER TO SET ASIDE ORDER FOR

SUBSTITUTED SERVICE- INSURER STATING UNABLE TO FIND

INSURED- NOT DENYING RELATIONSHIP OF INSURER AND

INSURED, BUT CLAIMING INSURED IN BREACH OF MOTOR

INSURANCE POLICY

CONTRACT - SALE OF GOODS - AGENCY - ACTUAL OR OSTENSIBLE

AUTHORITY - BREACH OF WARRANTY OF AUTHORITY -

COMMERCIAL INTEREST ON FOREIGN DEBTS.