Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS · Part 3. Rights of a Holder
Montana Code Annotated

Mont. Code Ann. § 30-3-301 (2026)

Person Entitled To Enforce Instrument

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 3
  4. Part 3
  5. 30-3-301 Person entitled to enforce instrument

TITLE 30. TRADE AND COMMERCE

CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS

Part 3. Rights of a Holder

Person Entitled To Enforce Instrument

30-3-301. Person entitled to enforce instrument. "Person entitled to enforce" an instrument means the holder of an instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to 30-3-309. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

History: En. Sec. 3-301, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-301; amd. Sec. 114, Ch. 410, L. 1991.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2026 · leading case: First SEC. Bank of Bozeman v. Goddard, 593 P.2d 1040 (Mont. 1979).
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First SEC. Bank of Bozeman v. Goddard, 593 P.2d 1040 (Mont. 1979). · cites it 3× “1947, now section 30-3-301 MCA, or as a holder in due course under section 87A-3-305, R.”
Hofman v. HSBC Bank USA, NA ex rel. Nomura Home Equity Loan Inc Asset-backed Certificates (In re Hofman), 488 B.R. 157 (Bankr. D. Mont. 2013). · cites it 6× “MCA § 30-3-301. In this case, the note at Ex.”
Est. of B. Haler, 2026 MT 111 (Mont. 2026). · cites it 9× “4 ¶9 The District Court also concluded that the cashier’s check was a negotiable instrument under § 30-3-104(7), MCA; that Bradley left it in the home and thereby “constructively delivered” it to Rebecca under § 30-3-210(1), MCA; and that Rebecca was the “holder” and thus a…”
Leilani Hope Rickert (Bankr. D. Mont. 2019). · cites it 6× “Mont. Code Ann. § 30-3-301 , and In re Tipton, at *2.”
In re: Leilani Hope Rickert (9th Cir. BAP 2020). “Mont. Code Ann. § 30-3-301 . Here, the bankruptcy court found that the note is a negotiable 10 instrument that was indorsed in blank by SunTrust.”
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