Montana Statutes
§ 28-11-418 — Surety Entitled To Benefit Of Security Held By Creditor Or Cosurety
Montana § 28-11-418
JurisdictionMontana
Title 28CONTRACTS AND OTHER OBLIGATIONS
Ch. 11GUARANTY, INDEMNITY, AND SURETYSHIP
Part 4Suretyship
This text of Montana § 28-11-418 (Surety Entitled To Benefit Of Security Held By Creditor Or Cosurety) 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. § 28-11-418 (2026).
Text
28-11-418 . Surety entitled to benefit of security held by creditor or cosurety. A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor or by a cosurety at the time of entering into the contract of suretyship or acquired by the creditor or cosurety afterwards, whether the surety was aware of the security or not.
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Legislative History
En. Sec. 3695, Civ. C. 1895; re-en. Sec. 5692, Rev. C. 1907; re-en. Sec. 8207, R.C.M. 1921; Cal. Civ. C. Sec. 2849; Field Civ. C. Sec. 1570; re-en. Sec. 8207, R.C.M. 1935; R.C.M. 1947, 30-506; amd. Sec. 837, 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 § 28-11-418, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/11/28-11-418.