31-2-212. Assignee takes subject to rights of third parties. An assignee for the benefit of creditors is not to be regarded as a purchaser for value and has no greater rights than the assignor has in respect to things in action transferred by the assignment.
History: En. Sec. 4521, Civ. C. 1895; re-en. Sec. 6147, Rev. C. 1907; re-en. Sec. 8623, R.C.M. 1921; Cal. Civ. C. Sec. 3460; Field Civ. C. Sec. 1935; re-en. Sec. 8623, R.C.M. 1935; R.C.M. 1947, 18-312; amd. Sec. 992, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 2. Debtor and Creditor Relationships
Part 2. Assignments for Benefit of Creditors
31-2-201. When debtor may execute assignment
31-2-202. Insolvency -- what constitutes
31-2-203. Certain transfers not affected
31-2-204. What debts may be secured
31-2-205. Preference given for wages
31-2-206. Preference to be absolute
31-2-207. Certain rights not affected by preferences in assignment
31-2-208. Joint and separate debts
31-2-209. Assignment -- when void
31-2-210. The instrument of assignment
31-2-211. Compliance necessary to validity of assignment
31-2-212. Assignee takes subject to rights of third parties
31-2-215. Recording assignment and filing inventory
31-2-216. Recording and filing when more than one assignor
31-2-217. Effect of failing to record
31-2-218. Assignment of real property
31-2-220. Management, disposal, and conversion of estate
31-2-221. Notice to creditors to present claims
31-2-222. Notices to parties interested in the estate as creditors or otherwise
31-2-225. When further security required
31-2-226. Accounting of assignee
31-2-229. Assignees protected for acts done in good faith
31-2-230. Assent of creditors necessary to modification of assignment