Logourl black
From our private database of 14,000+ case briefs...

Messing v. Bank of America, N.A.

Court of Special Appeals of Maryland
792 A.2d 312 (2002)


Facts

Jeff Messing (plaintiff) attempted to cash a check at a local branch of Bank of America, N.A. (Bank of America) (defendant). The check was made out to Messing and drawn on an account at Bank of America. A bank teller took Messing’s check and confirmed Messing’s identity by reviewing Messing’s driver’s license and credit card. Bank of America’s deposit agreement with account holders allowed Bank of America to set physical or documentary requirements for any person seeking to cash a check drawn on a customer’s account. Because Messing was not an account holder, the teller requested, pursuant to bank policy, that Messing provide his thumbprint signature on the check by using an inkless fingerprint device. Messing refused, and the bank returned the check to Messing. Messing brought an action against Bank of America, seeking (1) a declaratory judgment that the fingerprint policy was illegal and (2) an order prohibiting Bank of America from implementing the fingerprint policy. The circuit court granted Bank of America’s motion for summary judgment and dismissed the action. Messing appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Krauser, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.