30-3-108. Payable on demand. A promise or order is "payable on demand" if:
(1) it states that it is payable on demand or at sight or otherwise indicates that it is payable at the will of the holder; or
(2) it does not state any time of payment.
Montana Code Annotated
Mont. Code Ann. § 30-3-108 (2026)
Payable On Demand
✓ current as of May 2026
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TITLE 30. TRADE AND COMMERCE
CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS
Part 1. Short Title, Form, and Interpretation
Payable On Demand
History: En. Sec. 3-108, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-108; amd. Sec. 94, Ch. 410, L. 1991.
Notes of Decisions
Cited in 3
cases, 1985–2000 · leading case: Bottrell v. Am. Bank, 773 P.2d 694 (Mont. 1989).
Bottrell v. Am. Bank, 773 P.2d 694 (Mont. 1989). “It will be seen that under the column "due date" are inserted the figures "10-4-83" and that in the body of the note, after the square in which the double x has been inserted, appears the language, "[i]f no demand is made, Borrower shall pay 120 days after the date of this note.”
Iverson v. First Bank of Billings, 712 P.2d 1285 (Mont. 1985). “The accompanying memorandum may be viewed as an attempt by MLPCA to waive the "midnight deadline rule" but I do not see that as changing the character of what is clearly a demand item.”
Fisher v. First Citizens Bank, 2000 MT 314 (Mont. 2000). “Such a note is now clearly defined as a demand note until the fixed date of payment under § 30-3-109(2), MCA (1999), at which time its character changes to a note payable at a definite time, but is not so clearly defined under the 1989 Code.”
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