Hollow v. State

I respectfully dissent.

I find no real problem with the procedural and factual discussion found in the majority opinion. My first disagreement begins with whether a guarantee is an investment or a debt.

In holding a guarantee to be a debt, the majority relies on Webster’s definition of “investment” as being “the outlay of money usually for income or profit; capital outlay.” Some reliance is also placed upon Section 28-11-101, MCA, which provides a guarantor agrees to answer for the debt of another.

The majority fails to discuss the October 18, 1984, informal opinion of the Attorney General…