West Virginia Code § 46-3-418

Payment of acceptance by mistake
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(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft
and the drawee acted on the mistaken belief that (i) payment of the draft had not been
stopped pursuant to section 4-403 or (ii) the signature of the drawer of the draft was
authorized, the drawee may recover the amount of the draft from the person to whom or for
whose benefit payment was made or, in the case of acceptance, may revokee the acceptance.
Rights of the drawee under this subsection are not affected by failure of the drawee to
exercise ordinary care in paying or accepting the draft. r
(b) Except as provided in subsection (c), if an instrument has beeun paid or accepted by
mistake and the case is not covered by subsection (a), the person paying or accepting may,
to the extent permitted by the law governing mistake and retstitution, (i) recover the payment
from the person to whom or for whose benefit payment was made or (ii) in the case of
acceptance, may revoke the acceptance.
(c) The remedies provided by subsection (a) or (b) mlay not be asserted against a person who
took the instrument in good faith and for valuse or who in good faith changed position in
reliance on the payment or acceptance. This subsection does not limit remedies provided by
section 3-417 or 4-407.
(d) Notwithstanding section 4-215, if an instrument is paid or accepted by mistake and the
payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the
instrument is deemed not to have been paid or accepted and is treated as dishonored, and
the person from whom payment is recovered has rights as a person entitled to enforce the
dishonored instrument.

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