¶1dissenting:
¶2Being unable to agree with the majority of the members of the Court in their position that the evidence is insufficient to justify the verdict of the jury, approved by the trial court, I register my dissent earnestly but respectfully.
¶3By stipulation of counsel, with the concurrence of the court, the single factual issue submitted for jury *174determination related to the genuineness of the signature of Josh West appearing on the purported release. The affirmative of that issue, of course, was with the defendant.
¶4The note in question, dated June 1, 1949, was placed for collection with the Bank of Iaeger on June 14, 1949. Josh West died on June 19,1950, and thereafter the note was delivered to his personal representative by P. C. Edwards, cashier of that hank. Notices were sent by the bank to the defendant prior to the time the note became due. The evidence fails to disclose that the defendant made any response to such notices but the note in any event was not collected by the bank.
¶5J. A. J. Lester testified that the note was delivered to him as administrator of the estate of Josh West; that thereafter he went to Welch to see the defendant in person concerning the note; that upon that occasion the defendant claimed that he was entitled to certain unspecified credits on the note, but that the defendant did not claim that the note was paid or that he had a written release purporting to show payment.
¶6It appears from the testimony that prior to the death of Josh West the note was placed for collection with Paul D. Blackshear, a practicing attorney of Pineville. On May 30, 1950, (four days following the date of the purported release) Attorney Blackshear wrote a letter to the defendant containing, among other language, the following sentence: “I am directed to institute action, but will defer doing so for á few days to hear from you.” On July 3, 1950, shortly after the death of Josh West, Attorney Blackshear wrote a second letter to the defendant calling attention to his prior letter and requesting a reply. The defendant admits receipt of both letters. When asked why he did not reply to these letters, making known his claim in relation to the release, the defendant *175replied that he “didn’t see any necessity writing to yon [Blackshear]. I went looking for him [Josh West].”
¶7Marshall Gr. West, a practicing attorney since Jnne, 1953, testified that Josh West was his great uncle; that he operated a place of business for Josh West from July 14, 1949, until the uncle was taken to a hospital in June, 1950; that he opened and closed such place of business every day during that period; that after he “took over his business”, he did “all the business”; that the uncle “didn’t go anywhere unless I took him”; that he was certain that Josh West did not go to Welch on May 26, 1950; that he was “sure” Josh West did not sign the release during May, 1950; that meantime the witness “was with him on all business transactions”; that his uncle discussed this particular business transaction with the witness on many occasions; that “we had made two or three trips to see Mr. Flanagan before the last trip over there, and I guess as a result he employed counsel to collect the note”; and that “I would say, two weeks before he died he wanted me to see Mr. Blackshear here and see what he was doing with respect to collecting this note”; and that on one occasion, in the presence of the witness, the defendant did not mention payment or a receipt but “stated that he had some money down in South or North Carolina, that he was getting it from to pay Uncle Josh”. When asked if it was possible for Josh West to have been at Welch on the day in question, the witness replied, ‘ ‘ I guess it might be possible, but I certainly don’t think so.”
¶8W. J. Billig, cashier of the Castle Bock Bank at Pineville, was shown a genuine signature of Josh West and the disputed signature, and testified that both signatures were made by the same person, though on cross-examination he admits that various dissimilarities were apparent. He stated further that Josh West, to his knowledge, had never maintained an account in his bank, and it does not appear that he was familiar with Josh West’s signature. In other words, *176Ms testimony appears to have been based solely on a comparison of the genuine and the disputed signatures.
¶9P. C. Edwards testified that he was president of the Bank of Iaeger. Apparently he was or previously had been casMer and had been connected with that bank since 1931. He testified that his bank handled the bank account of Josh West, and that he was familiar with the signature of Josh West. When shown cancelled checks admittedly signed by Josh West, he testified: “I would recognize those as Mr. West’s signature on those checks.” When shown the disputed signature on the release, he stated that he would not have honored a check on Josh West’s account on the basis of such signature, and “If I had the signature of one of these on file, I would not pay on the other one.” When asked whether he could state “positively” that the disputed signature was not that of Josh West, he replied: “I wouldn’t say it is or it is not.” Nevertheless, as one familiar with Josh West’s signature, and as one connected for many years with the bank in which Josh West maintained his bank account, the witness did reiterate and adhere firmly to his statement that he would not have honored a check drawn upon Josh West’s account on the basis of the signature appearing on the release.
¶10The defendant testified that Josh West signed the release in the defendant’s law office. He denies having received any notices from the Bank of Iaeger, implying that the testimony of the cashier is in error in this respect. He admits that J. A. J. Lester, the administrator, came to see him at Welch in reference to the note, but he contradicts the testimony of Lester by testifying as follows: “I told him I did not owe the note, I had credits on it and the release from Josh West for that note; I didn’t have time to go back to the office then, if he would come back to my office, I would show it to him. The next thing I heard was a notice of motion.” The defendant states further that the release does not bear the true date, but implies *177that he may have struck the wrong key on the typewriter. He testified that his office is on the fourth floor of the First National Bank Building at Welch, a building having six floors; that when the release was ready for Josh West’s signature it was during the lunch hour, and, therefore, he had Leonard D. Wade, an elevator operator, sign as a witness to Josh West’s signature.
¶11Leonard D. Wade testified that at that time and for perhaps thirty-two years prior thereto he had been an elevator operator in the First National Bank Building; that he was “going on seventy-six” years of age; that he remembered Josh West; that Josh West came to see Mr. Flanagan “very often”, “lots of times”; that the witness is five feet, four inches in height; that Josh West was a “medium-size man”, “A little taller than I am”; and that he witnessed the signature of Josh West in the “afternoon”, but he does not recall the date. The testimony of relatives of Josh West indicates that he was six feet, five or five and one-half inches in height. In addition to being quite elderly, it is apparent that Leonard D. Wade is a man of meager education.
¶12I believe earnestly that this case, involving the single issue of fact, in accordance with the stipulation of counsel, credibility of witnesses, conflicts in testimony and cogent facts and circumstances properly bearing upon the factual issue, was peculiarly one for jury determination.
¶13The disputed signature and numerous genuine signatures of Josh West were introduced in evidence as a basis of comparison. These were before the jury for an exercise of their own independent judgment. The jury has returned its verdict and the verdict has been approved by the trial court. “In determining whether the verdict of a jury is supported by the evidence, every reasonable and legitimate inference, fairly arising from the evidence in favor of the party for whom the verdict was returned, must be consid*178ered, and those facts, which the jury might properly find under the evidence, assumed as true.” Butcher v. Stull, 140 W. Va. 31, pt. 1 syl., 82 S. E. 2d 278. Not only are we required to give weight to the finding of the jury, hut we are required to give due weight to the action of the able trial judge in sustaining such verdict “by reason of the superior advantage he had, for determination of the weight and value of the infirmity, arising from his having presided at the trial, heard the witnesses and observed their appearance, demeanor and conduct.” Ross v. Lake & Export Coal Corporation, 92 W. Va. 229, 235, 116 S. E. 155, 157. The net result is that when a litigant comes before the appellate court with a verdict in his favor, approved by the trial court, he is in a favorable position which has been characterized as “the strongest position known to the law.” Waddell v. The New River Co., 141 W. Va. 880, 891, 93 S. E. 2d 473, 479; Bower v. Brannon, 141 W. Va. 435, 440, 90 S. E. 2d 342, 346; 1 M. J., Appeal & Error, Section 270, page 693. It is a mistake to assume that a cold record before this Court will always portray pertinent facts and circumstances as adequately as they appear to a trial jury and to a trial judge. This is a case in which circumstances speak eloquently and forcefully.
¶14In the absence of error in some other respect, I would affirm the judgment of the Circuit Court of Wyoming County.