Corey Brandon Bumgarner, who was separated from his wife, Crystal, had an accident caused by Donald Wood

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Corey Brandon Bumgarner, who was separated from his wife, Crystal, had an accident caused by Donald Wood that resulted in $2,164.46 in damages to Corey's vehicle. Wood's insurance carrier mailed a draft in the amount of $2,164.46 drawn on Fleet Bank of Hartford, Connecticut, payable to Corey, to his box at P.O. Box 153, Hillsboro, North Carolina. The draft was negotiated at Community Bank and Trust, and the name, "Crystal Bumgarner," was handwritten on the back of the draft. Corey's name was written below Crystal Bumgarner's name. Crystal Bumgarner's driver's license number was handwritten on the front of the draft. Corey Bumgarner filed suit to have the insurer pay him the $2,164.46. The insurer indicated that it had sent order paper, that it had been delivered, and that there was, therefore, no claim against it or Wood. The trial court found that there had been no delivery and that Bumgarner was entitled to another check. Wood and his insurer appealed. Who is correct about delivery and why? [Bumgarner v. Wood, 563 S.E.2d 309, 47 U.C.C. Rep. Serv. 2d 1099 (N.C. App.)]
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Related Book For  answer-question

Andersons Business Law and the Legal Environment

ISBN: 978-1305575080

23rd edition

Authors: David P. Twomey, Marianne M. Jennings, Stephanie M Greene

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