KRS 411.170: Action on lost, destroyed, mutilated or defaced writing.

An ordinary or equitable action may be brought upon a bill of exchange, or a note or other

obligation, or upon an indorsement or assignment thereof, which, or upon a judgment the

record of which, is lost, destroyed, mutilated, or defaced, without fraud on the part of the

plaintiff, or of those under whom he claims. But no action shall be brought upon an

instrument transferable by delivery, merely, which is alleged to be lost, destroyed,

mutilated, or defaced, without a previous tender by the plaintiff to th e defendant, if his

name and place of residence be known to the plaintiff, of an indemnifying bond, with

good surety, nor shall judgment be given against the defendant, in such action, until such

bond is given, with good surety approved by the court.