Montana Statutes
§ 31-2-212 — Assignee Takes Subject To Rights Of Third Parties
Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 2 DEBTOR AND CREDITOR RELATIONSHIPS·Part 2 Assignments for Benefit of Creditors
31-2-212 . Assignee takes subject to rights of third parties. An assignee for the benefit of creditors is not to be regarded as a purchaser for value and has no greater rights than the assignor has in respect to things in action transferred by the assignment.
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Legislative History
En. Sec. 4521, Civ. C. 1895; re-en. Sec. 6147, Rev. C. 1907; re-en. Sec. 8623, R.C.M. 1921; Cal. Civ. C. Sec. 3460; Field Civ. C. Sec. 1935; re-en. Sec. 8623, R.C.M. 1935; R.C.M. 1947, 18-312; amd. Sec. 992, Ch. 56, L. 2009.
Nearby Sections
15
§ 31-2-101
Debtor Defined§ 31-2-102
Creditor Defined§ 31-2-103
Contracts Of Debtor Are Valid§ 31-2-104
Payments In Preference§ 31-2-105
Relative Rights Of Different Creditors§ 31-2-106
Exempt Property -- Bankruptcy Proceeding§ 31-2-201
When Debtor May Execute Assignment§ 31-2-202
Insolvency -- What Constitutes§ 31-2-203
Certain Transfers Not Affected§ 31-2-204
What Debts May Be Secured§ 31-2-205
Preference Given For Wages§ 31-2-206
Preference To Be Absolute§ 31-2-208
Joint And Separate Debts§ 31-2-209
Assignment -- When Void