BRIEF OF CASE Essay Example | Topics and Well Written Essays - 250 words

BRIEF OF CASE - Essay ExampleThe petitioner appeals except the Court of Special Appeals concludes that the Circuit courts decision in favor of the Bank is licitly correct.FACTS The plaintiff Jeff E. Messing sued the Bank of America in court for refusal of a cash withdrawal everywhere the antipathetic through a check drawn on the bank because of the banks Thumbprint Signature architectural plan for non-customers. Under the Thumbprint Signature Program, a bank requests non-customer presenters of checks over the counter to place an inkless thumbprint or fingerprint on the face of the check as part of the identification process.HOLDING 3-501b (2) and (3). (2)Upon demand of the soul to whom presentment is made, the person making presentment must (1) exhibit the instrument, (2) give reasonable identification and, if presentment is made on behalf of an early(a) person reasonable evidence of authority to do so, and (3) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.(3)Without dishonoring the instrument, the party to whom presentment is made may (1) return the instrument for lack of a necessary indorsement, or (2) pass up payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties or other applicable law or rule.RATIONALE The reduction of risk promotes the expansion of commercial practices, bringing to the remainder the direction of 1-102 (2) (b) that a banks requirement of a thumbprint placed upon a check presented over the counter by a non-customer is