Table of Contents TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS CHAPTER 10. PARTNERSHIPS IN GENERAL Part 3. Relation of Partner and Partnership to Other Persons
Edition 1997 Other editions
Current Version 2025 2023 2021 2019 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned
1995 forward is searchable text. Earlier volumes are page scans.
Prev Next
1 35-10-301 35-10-302 1 35-10-305 35-10-307 35-10-308 35-10-309 35-10-310 35-10-311 35-10-312

Mont. Code Ann. § 35-10-305

(1997)

Partnership liable for partner's actionable conduct

(1) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission or other actionable conduct of a partner acting in the ordinary course of business of the partnership or with the authority of the partnership.

(2) If, in the course of its business, a partnership receives money or property of a person not a partner and that money or property is misapplied by a partner while it is in the custody of the partnership, the partnership is liable for the loss.

Opinions construing this section

1 opinion
2026 MT 136 Jun 30, 2026 Reversed
Estate of Pfeifer-Murphy
Majority by James Jeremiah Shea · 5 to 0
in the Idaho probate proceedings to protect the Partnership from liability, especially when considering that the 5 The Estate’s tort theory is premised on § 35-10-305(1), MCA (partnership liable for loss or injury to a person as a result of a wrongful act of a partner “acting in the ordinary course of business of the partnership o
Official Annotations archive.org, 1997 edition
History:
En. Sec. 13, Ch. 251, L. 1947
R.C.M. 1947, 63-205
Amd. Sec. 19, Ch. 238, L. 1993
Source text on leg.mt.gov