investigation doctrine (West Virginia) · Go Syfert
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investigation doctrine in West Virginia

8 West Virginia opinions name it 2 courts 1986–2025 1 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Jones v. McComasgreen
wva · 1922 · cited in 2 West Virginia opinions naming this issue, 1996–2004
2 sentences

2004The independent investigation doctrine was adopted by this Court in syllabus point five of Jones v. McComas, 92 W.Va. 596 , 115 S.E. 456 (1922), wherein this Court held: Though a purchaser may rely upon particular and positive representations of a seller, yet if he undertakes to inform himself from other sources as to matters easily ascertainable, by personal investigation, and the defendant has done nothing to prevent full inquiry, he will be deemed to have relied upon his own investigation and not upon the representations of the seller. 92 W.Va. at 597 , 115 S.E. at 456 (emphasis supplied).

2004The independent investigation doctrine was adopted by this Court in syllabus point five of Jones v. McComas, 92 W.Va. 596 , 115 S.E. 456 (1922), wherein this Court held: Though a purchaser may rely upon particular and positive representations of a seller, yet if he undertakes to inform himself from other sources as to matters easily ascertainable, by personal investigation, and the defendant has done nothing to prevent full inquiry, he will be deemed to have relied upon his own investigation and not upon the representations of the seller. 92 W.Va. at 597 , 115 S.E. at 456 (emphasis supplied).

12
Bobbie Roberts v. State Farm Fire and Casualty Companygreen
ca11 · 2012 · cited in 1 West Virginia opinions naming this issue, 2025–2025
1 sentence

2025Co., 479 F. App’x 223, 226 (11th Cir. 2012) (citing Halcome v. Cincinnati Ins.

11
Snell v. Suffolk Countygreen
ca2 · 1986 · cited in 1 West Virginia opinions naming this issue, 1999–1999
1 sentence

1999See Snell v. Suffolk County, 782 F.2d 1094 , 1104 (2nd Cir. 1986). [1] The notes of this meeting of management with Fluharty, dated September 6, 1996, record the following advice to Fluharty: "Scott, I thought you should know if you haven't already heard thru rumor mill that we had to go to Chas. to an investigation hearing on the matter of Irma Voyle's harassment claims....

11
Rockley Manor v. Strimbeckgreen
wva · 1989 · cited in 1 West Virginia opinions naming this issue, 1995–1995
2 sentences

1995See Rockley Manor v. Strimbeck, supra 181 W.Va. at 315 , 382 S.E.2d at 509 .

1995See Rockley Manor v. Strimbeck, supra 181 W.Va. at 315 , 382 S.E.2d at 509 .

11
Tooker v. Alstongreen
ca8 · 1907 · cited in 1 West Virginia opinions naming this issue, 1989–1989
1 sentence

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Lawyer Disciplinary Board v. Swisher green
wva · 1998
2 sentences

2020Id., 203 W.

2020Id., 203 W.

12020–2020
Trafalgar House Construction, Inc. v. ZMM, Inc. green
wva · 2002
1 sentence

2004Moreover, even if the doctrine of independent investigation were directly implicated in this case, this Court’s decision in Trafalgar House Construction, Inc., v. ZMM, Inc., 211 *158 W.Va. 578, 567 S.E.2d 294 (2002), clarifies that “[t]he ‘independent investigation’ doctrine is not an absolute defense...” within the context of a fraud claim.

12004–2004
Morrison v. Bank of Mount Hope green
wva · 1942
2 sentences

2004In syllabus point two of Staker v. Reese, 82 W.Va. 764 , 97 S.E. 641 (1918), this Court recognized that “one to whom a representation has been made as an inducement to enter into a contract has a right to rely upon it as true quoad the maker, without making inquiry or investigation to determine the truth thereof.” See also Morrison v. Bank of Mount Hope, 124 W.Va. 478 , 20 S.E.2d 790 (1942); Gall v. Cowell, 118 W.Va. 263 , 190 S.E. 130 (1937).

2004In syllabus point two of Staker v. Reese, 82 W.Va. 764 , 97 S.E. 641 (1918), this Court recognized that “one to whom a representation has been made as an inducement to enter into a contract has a right to rely upon it as true quoad the maker, without making inquiry or investigation to determine the truth thereof.” See also Morrison v. Bank of Mount Hope, 124 W.Va. 478 , 20 S.E.2d 790 (1942); Gall v. Cowell, 118 W.Va. 263 , 190 S.E. 130 (1937).

12004–2004
Gall v. Cowell green
wva · 1937
2 sentences

2004In syllabus point two of Staker v. Reese, 82 W.Va. 764 , 97 S.E. 641 (1918), this Court recognized that “one to whom a representation has been made as an inducement to enter into a contract has a right to rely upon it as true quoad the maker, without making inquiry or investigation to determine the truth thereof.” See also Morrison v. Bank of Mount Hope, 124 W.Va. 478 , 20 S.E.2d 790 (1942); Gall v. Cowell, 118 W.Va. 263 , 190 S.E. 130 (1937).

2004In syllabus point two of Staker v. Reese, 82 W.Va. 764 , 97 S.E. 641 (1918), this Court recognized that “one to whom a representation has been made as an inducement to enter into a contract has a right to rely upon it as true quoad the maker, without making inquiry or investigation to determine the truth thereof.” See also Morrison v. Bank of Mount Hope, 124 W.Va. 478 , 20 S.E.2d 790 (1942); Gall v. Cowell, 118 W.Va. 263 , 190 S.E. 130 (1937).

12004–2004
Stakes v. Reese green
wva · 1918
1 sentence

2004In syllabus point two of Staker v. Reese, 82 W.Va. 764 , 97 S.E. 641 (1918), this Court recognized that “one to whom a representation has been made as an inducement to enter into a contract has a right to rely upon it as true quoad the maker, without making inquiry or investigation to determine the truth thereof.” See also Morrison v. Bank of Mount Hope, 124 W.Va. 478 , 20 S.E.2d 790 (1942); Gall v. Cowell, 118 W.Va. 263 , 190 S.E. 130 (1937).

12004–2004
Horton v. Tyree green
wva · 1927
2 sentences

1996In syllabus point 3 of Horton v. Tyree, 104 W.Va. 238 , 139 S.E. 737 (1927), we said: It is not necessary that the fraudulent representations complained of should be the sole consideration or inducement moving the plaintiff.

1996In syllabus point 3 of Horton v. Tyree, 104 W.Va. 238 , 139 S.E. 737 (1927), we said: It is not necessary that the fraudulent representations complained of should be the sole consideration or inducement moving the plaintiff.

11996–1996
Woodward v. Western Canada Colonization Co. neutral
minn · 1916
2 sentences

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

11989–1989
Ruiz v. Alomar neutral
prsupreme · 1923
1 sentence

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

11989–1989
Matlack v. Shaffer neutral
kan · 1893
1 sentence

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

11989–1989
McCormick v. Miller neutral
ill · 1881
1 sentence

1989See Tooker v. Alston, 159 F. 599 (8th Cir. 1907); McCormick v. Miller, 102 Ill. 208 (1881); Matlack v. Shaffer, 51 Kan. 208 , 32 P. 890 (1893); Woodward v. Western Canada Colonization Co., 134 Minn. 8 , 158 N.W. 706 (1916); MFA Mutual Ins.

11989–1989
COM. ON LEGAL ETHICS OF W. VA. v. Daniel green
wva · 1977
1 sentence

1986See State Bar By-Laws, Article VI, § 20; Committee on Legal Ethics v. Daniel, supra, 160 W.Va. at 395 , 235 S.E.2d at 373 .

11986–1986
Committee on Legal Ethics of the West Virginia State Bar v. Daniel green
wva · 1977
1 sentence

1986See State Bar By-Laws, Article VI, § 20; Committee on Legal Ethics v. Daniel, supra, 160 W.Va. at 395 , 235 S.E.2d at 373 .

11986–1986

Where else courts name it

MI 62 (1901–2025) NY 59 (1907–2025) TX 54 (1945–2025) CA 51 (1928–2026) LA 34 (1974–2024) IL 31 (1934–2026) OH 25 (1932–2023) PA 22 (1948–2023) NJ 19 (1923–2025) IN 16 (1895–2017) FL 15 (1959–2021) OK 14 (1920–2012) WI 14 (1934–2025) CO 14 (1984–2018) MS 13 (1950–2021) MO 13 (1907–2024) OR 12 (1926–2021) MA 11 (1984–2013) WA 10 (1920–2024) GA 9 (1899–2019) MT 8 (1994–2013) AL 8 (1915–2005) WV 8 (1986–2025) MD 7 (1964–2024) ND 7 (1979–2009) MN 7 (1891–2012) NC 7 (1893–2014) AK 6 (1970–2024) TN 6 (1962–2024) ID 5 (1972–2026) AZ 4 (1985–2016) IA 4 (1922–2018) NM 4 (1994–2012) SC 4 (2008–2025) CT 4 (1991–2011) ME 4 (2005–2020) SD 3 (1984–2009) DE 3 (2022–2023) KY 3 (2002–2014) NE 2 (1945–1946) KS 2 (1949–2004) RI 2 (1899–1994) VA 2 (1898–1980) DC 2 (2012–2016) HI 2 (1978–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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