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Commercial Law Keyed to Whaley
Messing v. Bank of America, N.A.
Citation:
143 Md. App. 1, 792 A.2d 312, aff'd, 821 A.2d 22 (2002)Facts
In August 2000, Messing attempted to cash a check for $976 that was drawn on a Bank of America (“the Bank”) customer account. After the teller validated the check and Messing endorsed it, the teller informed Messing he would be required to provide a thumbprint signature as the Bank’s policy requires a thumbprint from non-account holders. Messing refused and asked to speak to the branch manager who also informed Messing the thumbprint would be necessary as Messing was not an account holder with the Bank. Messing left with the check and the teller released the hold on the customer’s funds, voided the transaction in the computer, and placed the $976 in cash back in her drawer. Messing sued the Bank and requested an order from the court to force the Bank to end its thumbprint policy.
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