TRADERS BANK v. DILS

No. 35497.

704 S.E.2d 691 (2010)

TRADERS BANK, Plaintiff Below, Petitioner v. Sherman DILS, III, Pamela Dils, and Dils Rentals, Inc., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.


Attorney(s) appearing for the Case

L. Jill McIntyre , Ryan E. Voelker , William F. Dobbs, Jr. , Jackson Kelly , Charleston, WV, for Petitioner.

James R. Leach , Victoria J. Sopranik , Dils and Leach, PLLC, Parkersburg, WV, for Respondents.


McHUGH, Justice:

This case is before us on certified question and presents the issue of whether a promissory note maker has standing to assert a tort claim of fraud in the inducement as a defense and counterclaim to a lender's attempt to enforce the note where the maker relied upon the lender's oral promise, which the lender had no contemporaneous intention of fulfilling, and where the beneficiary of such promise was a third-party. Upon our careful consideration of...

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