Statutes > Montana Statutes > TITLE 28. CONTRACTS AND OTHER OBLIGATIONS > CHAPTER 11. GUARANTY, INDEMNITY, AND SURETYSHIP > Part 2. Guaranty -- Liability and Exoneration of Guarantor > 28-11-203. 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.


     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.