28-11-404. Suretyship unaffected by judgment against surety. Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.
History: En. Sec. 3682, Civ. C. 1895; re-en. Sec. 5684, Rev. C. 1907; re-en. Sec. 8199, R.C.M. 1921; Cal. Civ. C. Sec. 2838; Field Civ. C. Sec. 1562; re-en. Sec. 8199, R.C.M. 1935; R.C.M. 1947, 30-405.
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