At the hardware store one morning Dubious bought $865 of nuts, bolts, and fasteners and in payment wrote a check (number 3008, drawn on "Dubious' Used Cars") to Hardware House. After loading the goods, Dubious backed his pickup truck into Hardware House's warehouse garage door causing $450 in damage. Hardware House subsequently sued "Dubious' Used Cars." When Dubious got back to the shop he realized he'd been sold metric fasteners instead of SAE (the U.S. standard is SAE, "Society of American Engineers"). He immediately called the bank to stop payment on the check. Unfortunately, the bank employee taking the call did not respond immediately. Harry, from Hardware House, was in line at the teller's window and cashed the check minutes before the stop order is put into effect. It was not a good day for Dubious at all. When he looked for his wallet later that day, it was gone. He had dropped it when he got out to look at the damaged garage door. Nellie Nameless had found it, and took the cash and the electronic-teller machine card, tossing the wallet in a trash can. Dubious had chosen his business' street address as a password for the charge card; Nellie figured it out. Dubious rarely used that card, and didn't report its loss. Nellie started to make unauthorized withdrawals. 1. What argument does Dubious have when he wants the bank to re-credit her account for the incorrect fasteners mix-up? Who wins?