K-MART, INC. v. Stewart

THOMPSON, Presiding Judge.

K-Mart, Inc. (“K-Mart”), and Certegy Check Services, Inc. (“Certegy”), appeal from the judgment of the St. Clair Circuit Court awarding James T. Stewart and Jane Stewart $15,000 in damages following a bench trial. For the reasons stated herein, we reverse that judgment.

Certegy provides a service to merchants with regard to their acceptance of checks drawn on customers’ bank accounts. Simply described, when a purchaser presents a check to a merchant that subscribes to Certegy’s service, Certegy will recommend to the merchant, based on the information it has about the…