West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
Tabular Document Columns Read
About Staff Login
6,321 of 6,321 sections
Showing 4,301–4,350 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
44-15-14 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Hospitalization of Veteran Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States hospital and commitment to such ho… Proofed
44-15-15 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Discharge of Guardian When a ward for whom a guardian has been appointed under the provisions of this article or other laws of this State shall have attained his or her majority, and… Proofed
44-15-16 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Construction of Article This article shall be construed liberally to secure the beneficial intents and purposes thereof, and shall apply only to beneficiaries of the government of the … Proofed
44-15-17 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment How Cited This article may be cited as the “Uniform Veterans’ Guardianship Act.” Proofed
44-15-18 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Invalidity of Part of Article The invalidity of any portion of this article shall not affect the validity of any other portion thereof which can be given effect without such invalid part. Proofed
45-1-1 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Demand That Creditor Sue The surety, guarantor or indorser (or his committee or personal representative) of any person bound by any contract may, if a right of action has accrued thereo… Proofed
45-1-2 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue If such creditor or his committee or representative shall not, within a reasonable time after such notice, institute suit against every party to such contract w… Proofed
45-1-3 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Judgment, Decree or Recovery Not Binding on Surety Not a Party to Proceeding Whether the surety, guarantor or indorser (or his committee or personal representative) shall have given notice as provided in the first section of this article… Proofed
45-1-4 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Remedy of Bail, Surety, Guarantor, Etc., Making Payment If any person liable as bail, surety, guarantor, or indorser, or any sheriff liable for not taking sufficient bail, or the committee, heir or personal represent… Proofed
45-1-5 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Principal’s Right to Same Defense Against Surety as Against Creditor If any such surety (other than bail), or his committee, heir or personal representative, shall confess judgment or suffer judgment to go against him by default,… Proofed
45-1-6 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Contribution Among Cosureties and Coguarantors If the principal debtor be in solvent, any surety or guarantor (or his committee, personal representative or heir) against whom a judgment or decree has been re… Proofed
45-1-7 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Deposit on Contract for Use or Rental of Property Whenever money shall be deposited or advanced on a contract for the use or rental of personal property thereafter to be delivered, as security for performance o… Proofed
45-1-8 Ch. 45 — SURETYSHIP AND GUARANTY Sureties, Guarantors, Indorsers, Bail and Principals Penalty for Violation of Preceding Section Any person violating any provision of the next preceding section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than on… Proofed
46-1-1 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Form of Negotiable Instrument An instrument to be negotiable must conform to the following requirements: (a) It must be in writing and signed by the maker or drawer; (b) Must contain an … Proofed
46-1-2 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Sum Payable is a Sum Certain The sum payable is a sum certain within the meaning of this chapter, although it is to be paid: (a) With interest; or (b) By stated installments; or (c) B… Proofed
46-1-3 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Order or Promise is Unconditional An unqualified order or promise to pay is unconditional within the meaning of this chapter though coupled with: (a) An indication of a particular fund out of … Proofed
46-1-4 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Determinable Future Time; What Constitutes An instrument is payable at a determinable future time within the meaning of this chapter, which is expressed to be payable (a) At a fixed period after date or… Proofed
46-1-5 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Provisions Not Affecting Negotiability An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrum… Proofed
46-1-6 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Facts Not Affecting Validity or Negotiability The validity and negotiable character of an instrument are not affected by the fact that: (a) It is not dated ; or (b) Does not specify the value given, or … Proofed
46-1-7 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Payable on Demand An instrument is payable on demand: (a) Where it is expressed to be payable on demand, or at sight, or on presentation; or (b) In which no time for payment … Proofed
46-1-8 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Payable to Order The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of:… Proofed
46-1-9 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Payable to Bearer The instrument is payable to bearer: (a) When it is expressed to be so payable; (b) When it is payable to a person named therein or bearer; or (c) When it… Proofed
46-1-10 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation What Terms Sufficient The negotiable instrument need not follow the language of this chapter, but any terms are sufficient which clearly indicate an intention to conform to the requi… Proofed
46-1-11 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Date; Presumption as to When the instrument or an acceptance or any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance… Proofed
46-1-12 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Antedated or Postdated The instrument is not invalid for the reason only that it is antedated or postdated, provided this is not done for an illegal or fraudulent purpose. The person … Proofed
46-1-13 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation When Date May be Inserted Where an instrument expressed to be payable at a fixed period after date is issued undated or where the acceptance of an instrument payable at a fixed period af… Proofed
46-1-14 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Blanks; When May be Filled Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks… Proofed
46-1-15 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Incomplete Instrument Not Delivered Where an incomplete instrument has not been delivered it will not, if completed and negotiated without authority, be a valid contract in the hands of any holder… Proofed
46-1-16 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Delivery; When Effectual; When Presumed Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between imme… Proofed
46-1-17 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Construction Where Instrument is Ambiguous Where the language of the instrument is ambiguous or there are omissions therein, the following rules of construction apply: (a) Where the sum payable is expr… Proofed
46-1-18 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Only Persons Signing Liable; Trade or Assumed Name No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or as… Proofed
46-1-19 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Signature by Agent; Authority; How Shown The signature of any party may be made by a duly authorized agent. No particular form of appointment is necessary for this purpose; and the authority of the age… Proofed
46-1-20 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Liability of Person Signing as Agent, Etc Where the instrument contains, or a person adds to his signature, words indicating that he signs for or on behalf of the principal or in a representative capaci… Proofed
46-1-21 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Signature by Procuration; Effect of A signature by procuration operates as notice that the agent has but limited authority to sign, and the principal is bound only in case the agent in so signing … Proofed
46-1-22 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Indorsement by Corporation or Infant The indorsement or assignment of the instrument by a corporation or by an infant passes the property therein, notwithstanding that from want of capacity the cor… Proofed
46-1-23 Ch. 46 — NEGOTIABLE INSTRUMENTS Form and Interpretation Signature Forged or Made Without Authority; Effect of Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the … Proofed
46-2-1 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration Presumption of Consideration Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have bec… Proofed
46-2-2 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration What is Value; Antecedent Debt Value is any consideration sufficient to support a simple contract. An antecedent or preexisting debt constitutes value, and is deemed such, whether the instrum… Proofed
46-2-3 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration Value Given by Prior Holder Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time. Proofed
46-2-4 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration Lienor a Holder for Value; to What Extent Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien. Proofed
46-2-5 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration Effect of Want of Consideration Absence or failure of consideration is a matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense p… Proofed
46-2-6 Ch. 46 — NEGOTIABLE INSTRUMENTS Consideration Accommodation Party; Definition; Liability An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value there for, and for the purpose of le… Proofed
46-3-1 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation What Constitutes Negotiation An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to b… Proofed
46-3-2 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Indorsement; How Made The indorsement must be written on the instrument itself or upon a paper attached thereto. The signature of the indorser, without additional words, is a suffici… Proofed
46-3-3 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Indorsement Must be of Entire Instrument The indorsement must be an indorsement of the entire instrument. An indorsement which purports to transfer to the indorsee a part only of the amount payable, or… Proofed
46-3-4 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Kinds of Indorsement An indorsement may be either in blank or special; and it may also be either restrictive or qualified, or conditional. Proofed
46-3-5 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Special Indorsement; Indorsement in Blank A special indorsement specifies the person to whom or to whose order the instrument is to be payable; and the indorsement of such in indorsee is necessary to th… Proofed
46-3-6 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Converting Blank Indorsement Into Special Indorsement The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the ch… Proofed
46-3-7 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Restrictive Indorsements An indorsement is restrictive, which either: (a) Prohibits the further negotiation of the instrument; or (b) Constitutes the indorsee the agent of the indor… Proofed
46-3-8 Ch. 46 — NEGOTIABLE INSTRUMENTS Negotiation Effect of Restrictive Indorsement; Rights of Indorsee A restrictive indorsement confers upon the indorsee the right: (a) To receive payment of the instrument; (b) To bring any action thereon that the indorser c… Proofed
… … Page 87 of 127
Loading…