Dr. Sherrill purchased a Buick Skylark from Frank Morris Buick. He gave the auto dealer a check…

Dr. Sherrill purchased a Buick Skylark from Frank Morris Buick. He gave the auto dealer a check for $4,960.61 drawn on his account at First Alabama Bank. The check was dated “2/6/1976,” was payable “to the order of Frank Morris Buick,” and was not numbered. After buying the Skylark, Sherrill became concerned about whether he had gotten valid title to it. The day after he gave the dealer the check, he called in an oral stop-payment order on it. He later confirmed the stop-payment order in writing. In the stop-payment order, Sherrill stated that the check was not numbered, was payable to “Walter Morris Buick,” was dated “6/3/76,” and was in the amount of $4,960.61. The bank paid the check when it was presented for payment. Sherrill then claimed that the bank should recredit his account for $4,960.61 because it paid the check over a valid stop-payment order. Did the stop-payment order describe the check accurately enough to constitute a valid stop-payment order?

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