Montana § 28-11-103 When Separate Consideration Required

Montana Statutes

§ 28-11-103 — When Separate Consideration Required

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 11 GUARANTY, INDEMNITY, AND SURETYSHIP·Part 1 Guaranty -- General Provisions

28-11-103 . When separate consideration required. When a guaranty is entered into at the same time with the original obligation or with the acceptance of the original obligation by the person making the guaranty and forms with that original obligation a part of the consideration to the person, no other consideration need exist. In all other cases, there must be a consideration distinct from that of the original obligation.

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28-11-103 . When separate consideration required. When a guaranty is entered into at the same time with the original obligation or with the acceptance of the original obligation by the person making the guaranty and forms with that original obligation a part of the consideration to the person, no other consideration need exist. In all other cases, there must be a consideration distinct from that of the original obligation.

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Legislative History

En. Sec. 3610, Civ. C. 1895; re-en. Sec. 5658, Rev. C. 1907; re-en. Sec. 8173, R.C.M. 1921; Cal. Civ. C. Sec. 2792; Field Civ. C. Sec. 1536; re-en. Sec. 8173, R.C.M. 1935; R.C.M. 1947, 30-103; amd. Sec. 817, Ch. 56, L. 2009.