Montana § 25-4-403 Counterclaim In Action On Contract

Montana Statutes

§ 25-4-403 — Counterclaim In Action On Contract

Montana § 25-4-403

Title 25CIVIL PROCEDURE

Ch. 4PLEADINGS, MOTIONS, AND OTHER PAPERS

Part 4Counterclaim and Cross-Claim

This text of Montana § 25-4-403 (Counterclaim In Action On Contract) 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. § 25-4-403 (2026).

Text

25-4-403 . Counterclaim in action on contract. A counterclaim on a contract is subject to the following rules:

(1)Except as otherwise provided by the Uniform Commercial Code, if the action is founded upon a contract that has been assigned by the party to the contract, a demand existing against the party to the contract or an assignee of the contract at the time of the assignment and belonging to the defendant, in good faith, before notice of the assignment must be allowed as a counterclaim to the amount of the plaintiff's demand if it might have been allowed against the party or the assignee while the contract belonged to the party or the assignee.

(2)If the plaintiff is a trustee for another or if the action is in the name of the plaintiff who has no actual interest in the contract upon

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25-4-403 . Counterclaim in action on contract. A counterclaim on a contract is subject to the following rules:
(1) Except as otherwise provided by the Uniform Commercial Code, if the action is founded upon a contract that has been assigned by the party to the contract, a demand existing against the party to the contract or an assignee of the contract at the time of the assignment and belonging to the defendant, in good faith, before notice of the assignment must be allowed as a counterclaim to the amount of the plaintiff's demand if it might have been allowed against the party or the assignee while the contract belonged to the party or the assignee.
(2) If the plaintiff is a trustee for another or if the action is in the name of the plaintiff who has no actual interest in the contract upon which it is founded, a demand against the plaintiff may not be allowed as a counterclaim, but so much of a demand existing against the person whom the plaintiff represents or for whose benefit the action is brought as will satisfy the plaintiff's demand must be allowed as a counterclaim if it might have been allowed in an action brought by the person beneficially interested.

Legislative History

En. Sec. 692, C. Civ. Proc. 1895; re-en. Sec. 6542, Rev. C. 1907; re-en. Sec. 9139, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 438; re-en. Sec. 9139, R.C.M. 1935; amd. Sec. 11-158, Ch. 264, L. 1963; R.C.M. 1947, 93-3403; amd. Sec. 395, Ch. 56, L. 2009.