Facts: Harford Mutual Insurance Company issued a check, drawn on Allfirst Bank, in the amount of $60,150.00, addressing to both payees, Andrew Michael Bogdan, Jr. and Crystal Bogdan. The check was in payment of a casualty claim made by Bogdan on an insurance policy, issued by Harford Mutual, on commercial property owned by Bogdan and his wife and on which Oceanmark, the appellant's predecessor in interest, held a mortgage. The check, indorsed only by the Bogdans and the insurance adjuster, was presented to the appellee, which cashed it. The appellant timely filed a Notice of Appeal to the Maryland Court of Special Appeals. This court issued a writ of certiorari before the intermediate appellate court considered the case