D. & J. LEASING, INC. v. HERCULES GALION PRODUCTS, INC.


429 S.W.2d 854 (1968)

D. & J. LEASING, INCORPORATED, Appellant, v. HERCULES GALION PRODUCTS, INC., Appellee.

Court of Appeals of Kentucky.

June 28, 1968.


Attorney(s) appearing for the Case

Herbert S. Melton, Jr., Paducah, F. L. Pearl, Pearl & Trevathan, Louisville, for appellant.

O. Grant Bruton, Middleton, Seelbach, Wolford, Wills & Cochran, Louisville, for appellee.


MILLIKEN, Judge.

The questions here are whether the appellant, which filed its original action in the wrong venue where the statute of limitations ran against it, is entitled to the benefit of the ninety day saving-period afforded by KRS 413.270 or the six months saving-period of KRS 355.2-725 of the Uniform Commercial Code to file it in the court of proper venue in such circumstances, and whether the peculiar phraseology of the latter statute precludes it from having...

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