Montana Statutes
§ 28-11-402 — When Apparent Principal May Show Surety
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 11 GUARANTY, INDEMNITY, AND SURETYSHIP·Part 4 Suretyship
28-11-402 . When apparent principal may show surety. A person who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that the person is in fact a surety except as against persons who have acted on the faith of the person's apparent character of principal.
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Legislative History
En. Sec. 3671, Civ. C. 1895; re-en. Sec. 5681, Rev. C. 1907; re-en. Sec. 8196, R.C.M. 1921; Cal. Civ. C. Sec. 2832; Field Civ. C. Sec. 1559; re-en. Sec. 8196, R.C.M. 1935; R.C.M. 1947, 30-402; amd. Sec. 830, 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 Reserved