28-11-211. When guarantor exonerated. (1) A guarantor is exonerated, except so far as the guarantor may be indemnified by the principal, if by any act of the creditor not authorized by the original guaranty instrument or without the separate consent of the guarantor, the original obligation of the principal is altered in any respect or the remedies or rights of the creditor against the principal in respect to the original obligation are in any way impaired or suspended.
(2) A promise by a creditor that for any cause is void or voidable by the creditor at the creditor's option does not alter the obligation or suspend or impair the remedy within the meaning of subsection (1).
History: En. Secs. 3650, 3651, Civ. C. 1895; re-en. Secs. 5673, 5674, Rev. C. 1907; re-en. Secs. 8188, 8189, R.C.M. 1921; Cal. Civ. C. Secs. 2819, 2820; Field Civ. C. Secs. 1551, 1552; re-en. Secs. 8188, 8189, R.C.M. 1935; R.C.M. 1947, 30-208, 30-209; amd. Sec. 823, Ch. 56, L. 2009; amd. Sec. 1, Ch. 168, L. 2021.
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