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STATE SECURITY CHECK CASHING, INC. v. AMERICAN GENERAL

No. 105 September Term, 2008.

972 A.2d 882 (2009)

409 Md. 81

STATE SECURITY CHECK CASHING, INC. v. AMERICAN GENERAL FINANCIAL SERVICES (DE) a/k/a American General Financial Services, Inc.

Court of Appeals of Maryland.

June 9, 2009.

Attorney(s) appearing for the Case

Bruce E. Kauffman (Jeffrey L. Foreman of Kauffman & Forman, P.A., Towson), on brief, for petitioner.

Petition and Brief Amicus Curiae of the Maryland Ass'n of Financial Service Centers in support of plaintiff-appellant: Scott K. McClain, Esq., Winne, Banta, Hetherington, Basralian & Kahn, P.C., Hackensack, NJ.

Sidney G. Leech (Derek M. Stikeleather of Goodell, DeVries, Leech & Dann, L.L.P., Baltimore), on brief, for respondent.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

HARRELL, Judge.

In this case we are asked to determine which party, as between the issuer of a check and the check cashing business that cashed it, is liable under Md.Code, Commercial Law Art. § 3-404 (2002 Repl. Vol. & Supp. 2008) for the face amount of the check, when an imposter, posing successfully as another individual in securing a loan (the proceeds of which were represented by the check) from the issuer, subsequently negotiated the check at the check...

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