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W. Va. Code § 46-3-116

Joint and several liability; contribution

Known as the Uniform Commercial Code

The act spans §§ 46-10-101 to 46-9-809 (630 sections).

Applied in 1 court decision — leading case 198 W. Va. 329 - Public Citizen, Inc. v. First National Bank in Fairmont (1996)

Most recently applied in 198 W. Va. 329 - Public Citizen, Inc. v. First National Bank in Fairmont (December 1996)

(a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.

(b) Except as provided in section 3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of a party having the same joint and several liability to receive contribution from the party discharged.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.