28-11-402. When apparent principal may show surety. A person who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that the person is in fact a surety except as against persons who have acted on the faith of the person's apparent character of principal.
History: En. Sec. 3671, Civ. C. 1895; re-en. Sec. 5681, Rev. C. 1907; re-en. Sec. 8196, R.C.M. 1921; Cal. Civ. C. Sec. 2832; Field Civ. C. Sec. 1559; re-en. Sec. 8196, R.C.M. 1935; R.C.M. 1947, 30-402; amd. Sec. 830, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
28-11-402. When apparent principal may show surety
28-11-403. Interpretation of contract of suretyship
28-11-404. Suretyship unaffected by judgment against surety
28-11-405. through 28-11-410 reserved
28-11-411. Extent of surety's liability
28-11-412. Exoneration of surety
28-11-413. Effect of performance or offer of performance on surety's liability
28-11-414. Application to surety of rights of guarantor
28-11-415. Power of surety to compel principal to perform
28-11-416. When surety may require creditor to pursue remedy
28-11-417. Surety's right to reimbursement and contribution
28-11-418. Surety entitled to benefit of security held by creditor or cosurety
28-11-419. Creditor entitled to benefit of security held by surety