Wayne County Bank v. Hodges
In Wayne County Bank v. Hodges, 175 W. Va. 723, 338 S.E.2d 202 (1985), a car dealer had borrowed money from the bank and signed a promissory note, with his parents as co-signers of the note.
When the loan went unpaid, the bank sued, and the borrowers counterclaimed, alleging abuse of process and outrage.
The lower court granted summary judgment in favor of the bank and the Court affirmed, finding that "the circuit court was correct in concluding that the appellants failed to raise a factual issue with regard to the allegations of abuse of process and outrageous conduct." Id., 175 W. Va. at 726, 338 S.E.2d at 205.