70-6-203. Loss or injury of thing deposited. If a thing is lost during its deposit and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred so far as the depositary has information concerning them or willfully misrepresents the circumstances to the depositor, the depositary is presumed to have willfully or by gross negligence permitted the loss or injury to occur.
History: En. Sec. 2465, Civ. C. 1895; re-en. Sec. 5150, Rev. C. 1907; re-en. Sec. 7653, R.C.M. 1921; Cal. Civ. C. Sec. 1838; Based on Field Civ. C. Sec. 924; re-en. Sec. 7653, R.C.M. 1935; R.C.M. 1947, 20-206; amd. Sec. 2079, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 6. Bailment -- Deposit
Part 2. Rights and Duties of the Parties Generally
70-6-201. Depositary not to use or open thing deposited
70-6-202. Liability for damage from wrongful use
70-6-203. Loss or injury of thing deposited
70-6-204. Extent of depositary's liability for negligence
70-6-205. Sale of thing in danger of perishing
70-6-206. Duty of depositary of animals
70-6-207. Service rendered by depositary
70-6-208. Notice to owner of adverse claim
70-6-209. Notice to true owner of thing wrongfully detained
70-6-210. Depositor to indemnify depositary -- damage -- expenses
70-6-211. Depositary to deliver on demand