One Valley Bank of Oak Hill, Inc., a corporation v. Robert T. Bolen, Sr., and Judith G. Bolen, his wife, No. 21266 (W. Va. December 16, 1992) (Neely, J.): 188 W.Va. 687, 425 S.E.2d 829:
Where car buyers counterclaimed against assignee of credit agreement on the ground that dealership misrepresented rental vehicle a factory car, the Court held (1) when a note is created as the result of a consumer transaction, an assignee of such note, pursuant to W. Va. Code § 46A-2-102, takes the note subject to all claims and defenses, regardless of whether the assignee is a holder in due course; (2) a consumer is allowed to recover, pursuant to W. Va. Code § 46A-2-102(5), an amount not to exceed the amount owing to the assignee at the time of such assignment, plus any additional damages recoverable pursuant to W. Va. Code § 46A-5-101 for illegal, fraudulent, or unconscionable conduct; and (3) punitive damages are not available under the fraud or unconscionable conduct provisions of W. Va.
O'Mara Enterprises, Inc. v. People's Bank of Weirton, Lowndes Bank, Parkersburg National Bank, First National Bank of Morgantown, and Suncrest National Bank v. Bank One, Stueubenville, N.A., No. 20080 (W. Va. June 11, 1992) (Workman, J.): 187 W.Va. 591, 420 S.E.2d 727:
Reversing a summary judgment in favor of banks that deposited checks in an account established by a company's accountant, who was embezzling the funds, despite a restrictive endorsement on the checks that should have prevented such deposit, the Court held (1) a check which is drawn, "pay to the order of," must be properly endorsed by the named payee in order to be negotiable; (2) a restrictive endorsement preceding an endorsement by the named payee prevents the instrument from being negotiable other than in conformance with the restrictive endorsement; and (3) a preprinted corporate resolution form cannot be used to convert an order instrument to a bearer instrument and cannot be used by a financial institution to negate its obligation to exercise good faith and ordinary care under the Uniform Commercial Code.