Messing v. Bank Of America, N.A.

143 Md.App. 1 (2002)

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Nature of the Case

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Facts

P attempted to cash a check for $976 at D. That check was made out to P and drawn on a D customer checking account. P handed the check to a teller. The teller then confirmed the availability of the funds on deposit and placed the check in a computer validation slot. After 'validating' the availability of those funds, the computer stamped the time, date, account number, and teller number on the back of the check. It also placed a hold on $976 in the drawer's account. The teller then gave the check back to P to endorse. The teller asked for identification. P presented his driver's license and a major credit card. The identification information on the license and credit card was then transferred by the teller to the back of the check. The teller asked, and P said he was not a D customer. The teller returned the check and requested that P place his 'thumbprint signature' on the check in accordance with D's thumbprint signature policy for 'non-account holders.' The signature is created by applying one's right thumb to an inkless fingerprinting device that leaves no ink stain or residue. The thumbprint is then placed on the face of the check between the memo and signature line. P refused and demanded the check be cashed without the thumbprint. D refused to cash the check and P sued asking for a declaratory judgment over the legality of the practice. D filed a motion to dismiss. The court entered summary judgment and dismissed P's complaint with prejudice. P appealed.