Marissa gives Larry a check in payment for a computer that she is buying from him. She writes the check to Cash. Larry then gives the check to Gary Graduate his nephew, without indorsing it, as a graduation gift. Marissa then stops payment on the check because she claims that Larry breached the contract. When the check bounces, Gary makes a claim against Marissa for the amount of the check. Marissa responds that Gary cannot collect on the check since Larry breached the contract. What type of defense is this