Table of Contents TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS CHAPTER 10. PARTNERSHIPS IN GENERAL Part 3. Relation of Partner and Partnership to Other Persons
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Mont. Code Ann. § 35-10-305

(2021)

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, 2021 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