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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Batson v. Clark, 980 S.W.2d 566 (1998)

Citation
Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document
Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction
Kentucky (state)
Effective Date
1998-10-16

Other Sections in This Document (163)

Full Text

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For example, in Crenshaw v. Duffs Ex’r, 113 Ky. 912, 69 S.W. 962 (1902), the Cren-shaws had executed a promissory note to Edmund Duff, to whom they made payments until Duffs death, at which time they began making payments to Duffs executor. Seventeen (17) years after Duff died, the Cren-shaws finally satisfied their debt. However, the final payment they made to the executor *571represented interest which had been charged at a rate higher than legal interest. The Crenshaws sued George Duff in his capacity as executor of Edmund Duffs estate, seventeen (17) years after Duff died, to recover their final payment on the ground that it constituted usury. The executor moved to dismiss the action on the basis that the Cren-shaws had failed to file a claim (“demand") against the estate under § 3872 of the statutes, quoted above.