Legal Opinion
Salonen v. Farley
District Court, E.D. Kentucky
Decided January 18, 1949No. 5:09-misc-05001PublishedCited by 3 opinions
1Opinion of the Court
SWINFORD, District Judge.
The case is submitted on the defendants’ motion to dismiss the complaint.
The plaintiff’s cause of action is based on Kentucky Revised Statutes, Section 372.-040, which I quote in full:
“372.040 (1958) Suit by third person where loser or creditor does not sue. 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…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Huntington v. AttrillSupreme Court of the United States · 1892
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
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3Cited by3 opinions
- Hartlieb v. CarrDistrict Court, E.D. Kentucky · 1950
- Samuel Tucker and Samuel Schrader v. Margaret P. CutlerCourt of Appeals for the Sixth Circuit · 1951
- Tucker v. CutlerCourt of Appeals for the Sixth Circuit · 1950