70-6-209. Notice to true owner of thing wrongfully detained. A depositary who believes that a thing deposited with the depositary is wrongfully detained from its true owner may give the owner notice of the deposit, and if within a reasonable time afterwards the owner does not claim it and sufficiently establish a right to the thing and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom the depositary gave the notice upon returning the thing to the depositor or assuming, in good faith, a new obligation changing the depositary's position in respect to the thing to the depositary's prejudice.
History: En. Sec. 2454, Civ. C. 1895; re-en. Sec. 5143, Rev. C. 1907; re-en. Sec. 7646, R.C.M. 1921; Cal. Civ. C. Sec. 1826; Field Civ. C. Sec. 917; re-en. Sec. 7646, R.C.M. 1935; R.C.M. 1947, 20-111; amd. Sec. 2084, 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