1. MCA Contents
  2. TITLE 28
  3. CHAPTER 11
  4. Part 2
  5. 28-11-203 Liability under guaranty of illegal contract or contract void against principal

Montana Code Annotated 2021

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 11. GUARANTY, INDEMNITY, AND SURETYSHIP

Part 2. Guaranty -- Liability and Exoneration of Guarantor

Liability Under Guaranty Of Illegal Contract Or Contract Void Against Principal

28-11-203. Liability under guaranty of illegal contract or contract void against principal. A guarantor is not liable if the contract of the principal is unlawful, but the guarantor is liable notwithstanding any mere personal disability of the principal, even though the disability would make the contract void against the principal.

History: En. Sec. 3634, Civ. C. 1895; re-en. Sec. 5670, Rev. C. 1907; re-en. Sec. 8185, R.C.M. 1921; Cal. Civ. C. Sec. 2810; Field Civ. C. Sec. 1548; re-en. Sec. 8185, R.C.M. 1935; R.C.M. 1947, 30-205; amd. Sec. 821, Ch. 56, L. 2009.