Patricia L. Peters v. Nanette Peters, Executrix of the Estate of John Lewis Peters, deceased, as such Executrix, and Nanette Peters, in her individual right, Don Randall Peters, John Michael Peters, and the Whitesville State Bank, a corporation, No. 21896 (W. Va. March 24, 1994) (Neely, J.): 191 W.Va. 56, 443 S.E.2d 213:
Affirming the award of summary judgment in a case challenging a bank's conduct in permitting the withdrawal of jointly-held funds by one of the co-depositors, the Court held (1) passbook presentation clauses are only to prevent withdrawal by a non-depositor and do not protect against withdrawal by co-depositors; (2) banks are not required to inform joint depositors about actions of other joint depositors; and (3) boilerplate recitals of the obligation to present passbooks or surrender endorsed certificates at the time of withdrawal are no more than general statements of bank policy and create no substantive rights.
FirstBank Shinnston, a West Virginia banking corporation v. West Virginia Insurance Company, a corporation; and Frank W. Maley, Jr., No. 19760 (W. Va. July 25, 1991) (McHugh, J.): 185 W.Va. 754, 408 S.E.2d 777:
Where trial court granted summary judgment in favor of a lender whose interest as a named mortgagee on a fire insurance policy was deleted by the insurer after an envelope was returned from the lender to the insurer marked "no record," the Court affirmed, holding that if a fire insurance contract includes a standard mortgage clause naming as mortgagee the lender under a deed of trust executed by the property owner to secure a debt owing on the property, the mortgagee has an independent contract with the insurer, as if the lender had taken out a separate policy, and is deemed to be an insured to the extent of the balance due it from the property owner.
Sherwood Sparks, Sydney Larrick, Sara Otto, Nancy Straub, Jim Parker, Howard Earehart, Shirley Minter and Tom Stone, Trustees of the Beckley United Methodist Temple of Beckley v. Farmers Federal Savings and Loan Association, a federally chartered savings and loan association, No. 19428 (W. Va. July 20, 1990) (Brotherton, J.): 183 W.Va. 315, 395 S.E.2d 559:
Accepting a lender's argument that its borrower was uninjured by the withdrawal of a loan commitment because the borrower eventually secured a substitute loan at a lower rate of interest, the Court held that where a lender breaches a loan commitment agreement, any commitment fees paid by the borrower to secure the loan are recoverable.
Gary C. Milner v. Garfield H. Milner, Jr. and The Montgomery National Bank, No. 19251 (W. Va. July 12, 1990) (Workman, J.): 813 W.Va. 273, 395 S.E.2d 517:
In rejecting a claim against a bank by a plaintiff whose brother used a power of attorney to empty their dying father's savings account, the Court held that absent circumstances which might place a reasonably prudent bank on notice that additional inquiry should be made in the execution of its fiduciary obligations to its account-holder, the bank may rely upon the terms of the power of attorney to discern the authority of the holder to withdraw funds. Moreover, the Court held that certification of a check by a bank does not constitute a representation that the purpose for which the check was drawn is lawful or known by the bank.