There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 56 GUARANTY, SURETYSHIP AND INDEMNITY
Chapter 01. Guaranty
§56-1-6 Obligation which renders the party making the promise the principal debtor, and the person in whose behalf it is made the surety--Writing unnecessary.
SD Codified L § 56-1-6 (through 2012) What's This?
56-1-6. Obligation which renders the party making the promise the principal debtor, and the person in whose behalf it is made the surety--Writing unnecessary. A promise to answer for the obligation of another is deemed an original obligation of the promiser and need not be in writing where the creditor parts with value or enters into an obligation, in consideration of the obligation in respect to which the promise is made, in terms or under circumstances such as to render the party making the promise the principal debtor, and the person in whose behalf it is made his surety.
Source: SDC 1939, § 26.0105 (2).
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