FIRST NAT. BANK OF CEREDO v. LINN

No. 14565.

282 S.E.2d 52 (1981)

FIRST NATIONAL BANK OF CEREDO, etc. v. Robert George LINN, et al.

Supreme Court of Appeals of West Virginia.

September 8, 1981.


Attorney(s) appearing for the Case

Baer, Napier & Colburn and James Allan Colburn, Huntington, for appellants.

Harry F. Thompson, Jr., Huntington, for appellees.


MILLER, Justice:

This appeal involves the application of certain principles set out in our Uniform Commercial Code to determine whether the appellees, Messrs. Linn and Thompson, were indorsers under W.Va. Code, 46-3-414 or guarantors under W.Va. Code, 46-3-416. The resolution of appellees' standing determines their liability on a note since the appellant, First National Bank of Ceredo (Bank), failed to give them notice of dishonor after the primary obligor did not...

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