Lennon v. First National Bank of Arizona

OPINION

HATHAWAY, Chief Judge.

Defendants have appealed from the trial court’s dismissal of Count Two of defendant Darlene Lennon’s counterclaim through which she seeks to maintain a class action. 1

In early 1970 Mrs. Lennon set up a personal checking account with plaintiff First National Bank of Arizona (the bank). The bank issued Mrs. Lennon a “Guardian Check Cashing Service Courtsey Card” which she signed and used. The agreement as to the use of this card was as follows:

“If Bank in its discretion pays from its own funds any amounts respecting checks drawn by me on which appears the above…