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ONE VALLEY BANK OF OAK HILL v. BOLEN

No. 21266.

425 S.E.2d 829 (1992)

188 W.Va. 687

ONE VALLEY BANK OF OAK HILL, INC., a Corporation, Plaintiff, v. Robert T. BOLEN, Sr. and Judith G. Bolen, His Wife, Defendants.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1992.

Attorney(s) appearing for the Case

Dana F. Eddy, Charleston, James C. Blankenship, III, Fayetteville, and Vincent P. Cardi, Morgantown, for plaintiff.

D. Clinton Gallaher, IV, Fayetteville, for defendants.

NEELY, Justice:

The Circuit Court of Fayette County asks us to determine to what extent an assignee of a note is liable to the payor of that note for a fraud committed by the assignor (original payee). Specifically addressed in this certified question is the way the West Virginia Consumer Credit and Protection Act affects the general holder in due course rules. At issue is the ready availability of credit to consumers.

I.

On 12 September 1988, Robert...

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