Sherry v. Marsh

This action was instituted to recover on a note made by the defendant to plaintiff as attorney. The note was given in payment of a hotel bill of a third party. Three defenses were set up by defendant: (1) Want of consideration; (2) the plaintiff was not the real party in interest, and (3) the note was delivered upon the express understanding and agreement that all of the personal property of one Mabel E. Frisbee, which was held by the hotel at which she had been staying, pursuant to its lien, would be returned to Mabel E. Frisbee, but that plaintiff did not deliver or cause to be delivered “…