Scott v. Curd

FORD, Chief Judge.

The cause of action asserted by the plaintiff is derived from section 372.040 of Kentucky Revised Statutes, relating to gambling transactions, which provides: “If the loser or his creditor does not, within six months after its payment or delivery to the winner, sue for the money or thing lost, and prosecute the suit to recovery with due diligence, any other person may sue the winner, and recover treble the value of the money or thing lost, if suit is brought within five years from the delivery or payment.”

The complaint, as amended, alleges that the plaintiff, Faye R. Scott,…