§ 36-3-119 — Notice of right to defend action.

South Carolina § 36-3-119

• Jurisdiction: South Carolina
• Title 36: COMMERCIAL CODE
• Ch. 3: COMMERCIAL CODE—NEGOTIABLE INSTRUMENTS

Text

In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or Chapter 4, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.

Legislative History

HISTORY: 1962 Code SECTION 10.3-119; 1966 (54) 2716; 2008 Act No. 204, SECTION 2, eff July 1, 2008. SECTIONS 36-3-120 to 36-3-122. Omitted by 2008 Act No. 204, SECTION 2, eff July 1, 2008. Editor's Note Former SECTION 36-3-120 was entitled "Instruments 'payable through' bank" and was derived from 1962 Code SECTION 10.3-120; 1966 (54) 2716. Former SECTION 36-3-121 was entitled "Instruments payable at bank" and was derived from 1962 Code SECTION 10.3-121; 1966 (54) 2716. Former SECTION 36-3-122 was entitled "Accrual of cause of action" and was derived from 1962 Code SECTION 10.3-122; 1966 (54) 2716. Part 2 Negotiation, Transfer, and Indorsement Editor's Note 2008 Act No. 204, SECTION 1, provides in part as follows: "The South Carolina Reporters' Comments contained in Chapters 3 and 4 of Title 36, may not be reproduced in whole or in part in any form or for inclusions in any material which is offered for sale without the express written permission of the Clerk of the South Carolina Senate." 2008 Act No. 204, SECTION 4.A, provides as follows: "This act applies to a transaction occurring on or after the effective date [July 1, 2008] of this act. This act does not apply to a transaction or event, or obligation or duty arising out of or associated with a transaction or event, before the effective date of this act." 2008 Act No. 204, SECTION 4.B, provides as follows: "A transaction occurring before the effective date [July 1, 2008] of this act and the rights, obligations, and interests flowing from that transaction are governed by any statute or other law amended or repealed by this act as if repeal or amendment had not occurred and may be terminated, completed, consummated, or enforced under that statute or other law."