32-1-442. Repealed. Sec. 134, Ch. 494, L. 1993.
Montana Code Annotated
Mont. Code Ann. § 32-1-442 (2026)
Repealed
✓ current as of May 2026
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TITLE 32. FINANCIAL INSTITUTIONS
CHAPTER 1. BANKS AND TRUST COMPANIES
Part 4. Operation and Regulation
Repealed
History: En. Sec. 49, Ch. 89, L. 1927; re-en. Sec. 6014.53, R.C.M. 1935; amd. Sec. 1, Ch. 91, L. 1967; R.C.M. 1947, 5-528.
Notes of Decisions
Cited in 8
cases, 1983–1999 · leading case: Malek v. Patten, 678 P.2d 201 (Mont. 1984).
Malek v. Patten, 678 P.2d 201 (Mont. 1984). “See section 72-1-110, MCA and comment; section 32-1-442, MCA. The Legislature has recognized the validity of the contractual relationship involved in these transactions by relieving banks of liability for paying the proceeds of such accounts according to the terms of the…”
Univ. of Montana v. Coe, 704 P.2d 1029 (Mont. 1985). “" Section 32-1-442, MCA, concerning ownership of joint bank accounts in Montana, provides in pertinent part: "When a deposit has been made or shall hereafter be made in any bank transacting business in this state in the names of two or more persons, payable to either or payable…”
Stapleton v. First Sec. Bank, 675 P.2d 83 (Mont. 1983). “Section 32-1-442, MCA. Here the wife had a right by statute to the whole of the face amount of the checks.”
State v. Curtis, 787 P.2d 306 (Mont. 1990). “We affirmed the District Court's ruling that, as a matter of law, the statute governing joint deposits and joint certificates of deposit, § 32-1-442, MCA, precluded application of theft laws to withdrawals from such accounts.”
State v. Haack, 713 P.2d 1001 (Mont. 1986). “It is a relationship that may create an equal unrestricted and absolute interest in such co-owners with neither co-owner having an interest to which the other is not entitled.”
Vogele v. Est. of Schock, 745 P.2d 1138 (Mont. 1987). “Section 32-1-442, MCA. She did not. Elsie’s conduct controls, not the third-party affidavits.”
Dep't of Revenue v. Est. of Dwyer, 771 P.2d 93 (Mont. 1989). “Section 32-1-442, MCA. The bank is discharged by the receipt or acquittance of the person so paid.”
State v. Kane, 1999 MT 337 (Mont. 1999). “For guidance, we turned to § 32-1-442, MCA, noting “[w]hen a deposit has been made.”
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