A guest is a transient persons who resorts to, and is received at an inn for the purpose of obtaining the accommodations which it purports to afford. Persons not travelers may be guests at an inn or hotel.10 The essential point as to a guest is that he is a transient whose stay is more or less temporary and uncertain.

A person may become a guest at an inn before he has actually arrived there, provided his baggage has been taken to the inn and put under the control of its proprietor. A guest generally comes without any bargain, remains without one, and may go when he pleases, paying only for the actual entertainment received.11 Accordingly he ceases to be a guest when he pays his bill and departs,12 in the absence of any agreement to the contrary.

5 People vs. Jones, 54 Barb. (N.Y.)

311. 6 Swann vs. Smith, 14 Daly (N.

Y.), 114. 7 Kisten vs. Hildebrand, 9 B. Mon.

(Ky.), 74, 48 Am. Dec, 416.

8 Com. vs. Wetherbee, 101 Mass., 214.

9 Minor vs. Staples, 71 Me., 316,

36 Am. Dec, 318.

10 Orchard vs.Bush, 22 B., 284,

67 L. J., 2 B., 650.