Montana Statutes
§ 28-11-103 — When Separate Consideration Required
Montana § 28-11-103
JurisdictionMontana
Title 28CONTRACTS AND OTHER OBLIGATIONS
Ch. 11GUARANTY, INDEMNITY, AND SURETYSHIP
Part 1Guaranty -- General Provisions
This text of Montana § 28-11-103 (When Separate Consideration Required) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mont. Code Ann. § 28-11-103 (2026).
Text
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.
Nearby Sections
15
§ 28-11-101
Guaranty Defined§ 28-11-103
When Separate Consideration Required§ 28-11-104
Guaranty Generally To Be In Writing -- Form§ 28-11-107
When Guaranty Considered Unconditional§ 28-11-207
Through 28-11-210 ReservedCite This Page — Counsel Stack
Bluebook (online)
Montana § 28-11-103, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/11/28-11-103.