Montana § 28-11-416 When Surety May Require Creditor To Pursue Remedy

Montana Statutes

§ 28-11-416 — When Surety May Require Creditor To Pursue Remedy

Montana § 28-11-416

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 11GUARANTY, INDEMNITY, AND SURETYSHIP

Part 4Suretyship

This text of Montana § 28-11-416 (When Surety May Require Creditor To Pursue Remedy) 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. § 28-11-416 (2026).

Text

28-11-416 . When surety may require creditor to pursue remedy. A surety may require the surety's creditor to proceed against the principal or to pursue any other remedy in the surety's power that the surety cannot pursue and that would lighten the surety's burden, and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is prejudiced.

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Legislative History

En. Sec. 3691, Civ. C. 1895; re-en. Sec. 5688, Rev. C. 1907; re-en. Sec. 8203, R.C.M. 1921; Cal. Civ. C. Sec. 2845; Field Civ. C. Sec. 1566; re-en. Sec. 8203, R.C.M. 1935; R.C.M. 1947, 30-502; amd. Sec. 835, Ch. 56, L. 2009.