28-11-206. Liability upon guaranty of conditional obligation -- notice of default. If a person guarantees a conditional obligation, the person's liability is commensurate with that of the principal and the person is not entitled to notice of the default of the principal unless the person is unable, by the exercise of reasonable diligence, to acquire information of the default and the creditor has actual notice of the default.
History: En. Sec. 3632, Civ. C. 1895; re-en. Sec. 5668, Rev. C. 1907; re-en. Sec. 8183, R.C.M. 1921; Cal. Civ. C. Sec. 2808; Field Civ. C. Sec 1546; re-en. Sec. 8183, R.C.M. 1935; R.C.M. 1947, 30-203; amd. Sec. 822, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
Part 2. Guaranty -- Liability and Exoneration of Guarantor
28-11-201. Obligation of guarantor not to exceed that of principal
28-11-202. Liability under guaranty of incomplete contract
28-11-203. Liability under guaranty of illegal contract or contract void against principal
28-11-204. Liability under guaranty that obligation is good or collectible
28-11-205. When guarantor of payment or performance becomes liable
28-11-206. Liability upon guaranty of conditional obligation -- notice of default
28-11-207. through 28-11-210 reserved
28-11-211. When guarantor exonerated
28-11-212. Rescission of alteration -- liability not restored
28-11-213. Guarantor not exonerated by delay of creditor
28-11-214. Guarantor not exonerated by discharge of principal
28-11-215. Exoneration of guarantor indemnified by principal
28-11-216. Effect of part performance on guarantor's liability