Montana Statutes

§ 28-11-203 — Liability Under Guaranty Of Illegal Contract Or Contract Void Against Principal

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 11 GUARANTY, INDEMNITY, AND SURETYSHIP·Part 2 Guaranty -- Liability and Exoneration of Guarantor
28-11-203 . Liability under guaranty of illegal contract or contract void against principal. A guarantor is not liable if the contract of the principal is unlawful, but the guarantor is liable notwithstanding any mere personal disability of the principal, even though the disability would make the contract void against the principal.

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Legislative History

En. Sec. 3634, Civ. C. 1895; re-en. Sec. 5670, Rev. C. 1907; re-en. Sec. 8185, R.C.M. 1921; Cal. Civ. C. Sec. 2810; Field Civ. C. Sec. 1548; re-en. Sec. 8185, R.C.M. 1935; R.C.M. 1947, 30-205; amd. Sec. 821, Ch. 56, L. 2009.

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