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.
History: 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.
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