WVC 19 - 3 - 4
§19-3-4. Suit on bond; limitation on recovery.
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.