A person injured by the failure of a commission merchant to pay over the full amount received on any sale, less commissions and charges may recover on the bond of the commission merchant the amount due him by a suit brought in the name of the State of West Virginia for the use of the injured person. No recovery shall be had on the bond in excess of the penalty thereof. In case of multiple claims in excess of the bond, each claimant shall recover his pro rata share.
Structure West Virginia Code
Article 3. Sale of Farm Products by Commission Merchants
§19-3-1. License Required; Application and Fee
§19-3-2. Applicant to Furnish Surety Bond
§19-3-3. Grounds for Refusal or Revocation of License
§19-3-4. Suit on Bond; Limitation on Recovery
§19-3-5. Penalty; Moneys Collected to Be Deposited in &Quot;general Marketing fund."