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LEONARD v. NATIONAL BANK OF W. VA. AT WHEELING

No. 12427.

145 S.E.2d 23 (1965)

J. P. LEONARD v. The NATIONAL BANK OF WEST VIRGINIA AT WHEELING, etc.

Supreme Court of Appeals of West Virginia.

Decided November 16, 1965.

Attorney(s) appearing for the Case

Schmidt, Laas, Schrader & Miller, Thomas B. Miller, Wheeling, for appellant.

Gompers & Buch, Joseph A. Gompers, Harry L. Buch, Wheeling, for appellee.

BERRY, Judge.

This action was instituted in the Circuit Court of Ohio County by J. P. Leonard against the National Bank of West Virginia at Wheeling, a National Banking Association, to recover money paid by the Bank from Leonard's account on an alleged forged check in the amount of $3600. The plaintiff's complaint is based entirely on the forgery of the check in question and the defense set up in the answer filed by the defendant is that the plaintiff is barred from...

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