KENTUCKY OFF-TRACK BETTING v. McBURNEY

No. 98-SC-454-DG.

993 S.W.2d 946 (1999)

KENTUCKY OFF-TRACK BETTING, INC., Appellant, v. James McBURNEY, Appellee.

Supreme Court of Kentucky.

June 17, 1999.


Attorney(s) appearing for the Case

P. Douglas Barr, T. Christopher Daniel Stoll, Keenon & Park, LLP, Lexington, for appellant.

Darrell L. Saunders, Corbin, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed and remanded a summary judgment on behalf of Kentucky Off-Track Betting, Inc., for default of a promissory note made in connection with a series of checks which McBurney wrote to cover gambling debts.

The questions presented are whether the execution of a promissory note was a void transaction pursuant to KRS 372.010 and unenforceable; whether there is a conflict...

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