If the loser or his creditor does not, within six (6) 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 (5) years from the delivery or payment.
KRS 372.040
Suit by third person where loser or creditor does not sue
Applied in 6 court decisions — leading case Kindt v. Murphy (1950)
Most recently applied in Gillespie v. Schomaker (January 1961)
Effective: October 1, 1942 History: Recodified 1942 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.