Merlyn borrowed money from Finance Co. to buy equipment for his farm. He promised Finance that he would accept payment for his crops only with checks that named him and Finance as co-payees. This way, Merlyn could not cash the checks without Finance’s indorsement. Merlyn sold corn to Farmer’s Co-op, which paid by check made out to “Merlyn, Finance Co.” When Merlyn deposited this check, the comma between Merlyn and Finance appeared as “or.” Only Merlyn had indorsed the check. When Finance sued Bank for having paid this check, Bank in turn, filed suit against Merlyn demanding indemnification for Finance’s claims. What claim did Bank make against Merlyn?