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W. Va. Code § 46-3-202

Negotiation subject to rescission

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 1 court decision — leading case 187 W. Va. 591 - O'Mara Enterprises, Inc. v. People's Bank of Weirton (1992)

Most recently applied in 187 W. Va. 591 - O'Mara Enterprises, Inc. v. People's Bank of Weirton (June 1992)

(a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake or (iii) in breach of duty or as part of an illegal transaction.

(b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.

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