. James R. Sapp opened a checking account with Flagstar Bank, FSB (Flagstar) to facilitate his business. Sapp deposited a cashiers check for $125,000 into the account, and received a receipt from Flagstar. The receipt stated that ALL DEPOSITS/PAYMENTS ARE SUBJECT TO PROOF. Flagstar lost the check, and contacted Sapp to try to identify the maker. In the meantime, about two weeks after opening the account, Sapp wrote a $100,000 check on the account to an investment company. Flagstar was ultimately unable to find the check or track down the maker to secure a replacement, and debited the $125,000 from Sapps account. Had Flagstar accepted the check?