Montana § 28-11-317 When Judgment Not Conclusive Against Person Indemnifying

Montana Statutes

§ 28-11-317 — When Judgment Not Conclusive Against Person Indemnifying

Montana § 28-11-317

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 11GUARANTY, INDEMNITY, AND SURETYSHIP

Part 3Indemnity

This text of Montana § 28-11-317 (When Judgment Not Conclusive Against Person Indemnifying) 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. § 28-11-317 (2026).

Text

28-11-317 . When judgment not conclusive against person indemnifying.

(1)If the person indemnifying, whether the person is a principal or a surety in the agreement, does not have reasonable notice of the action or proceeding against the person indemnified or is not allowed to control the person indemnified's defense, judgment against the person indemnified is only presumptive evidence against the person indemnifying.

(2)A stipulation that a judgment against the person indemnified is conclusive upon the person indemnifying is inapplicable if the person indemnifying had a good defense upon the merits that by want of ordinary care the person indemnified failed to establish in the action.

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28-11-317 . When judgment not conclusive against person indemnifying. (1) If the person indemnifying, whether the person is a principal or a surety in the agreement, does not have reasonable notice of the action or proceeding against the person indemnified or is not allowed to control the person indemnified's defense, judgment against the person indemnified is only presumptive evidence against the person indemnifying.
(2) A stipulation that a judgment against the person indemnified is conclusive upon the person indemnifying is inapplicable if the person indemnifying had a good defense upon the merits that by want of ordinary care the person indemnified failed to establish in the action.

Legislative History

En. Sec. 3586, Civ. C. 1895; re-en. Sec. 5654, Rev. C. 1907; re-en. Sec. 8169, R.C.M. 1921; Cal. Civ. C. Sec. 2778; Field Civ. C. Sec. 1530; re-en. Sec. 8169, R.C.M. 1935; R.C.M. 1947, 30-307(6), (7); amd. Sec. 828, Ch. 56, L. 2009.