Mont. Code § 28-11-416

Current through the 2023 Regular Session

Section 28-11-416 - When surety may require creditor to pursue remedy

A surety may require the surety's creditor to proceed against the principal or to pursue any other remedy in the surety's power that the surety cannot pursue and that would lighten the surety's burden, and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is prejudiced.

§ 28-11-416, MCA

En. Sec. 3691, Civ. C. 1895; re-en. Sec. 5688, Rev. C. 1907; re-en. Sec. 8203, R.C.M. 1921; Cal. Civ. C. Sec. 2845; Field Civ. C. Sec. 1566; re-en. Sec. 8203, R.C.M. 1935; R.C.M. 1947, 30-502; amd. Sec. 835, Ch. 56, L. 2009.