South Dakota Statutes

§ 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.

South Dakota § 56-1-6
JurisdictionSouth Dakota
Title 56GUARANTY, SURETYSHIP AND INDEMNITY
Ch. 56-1GUARANTY

This text of South Dakota § 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.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 56-1-6 (2026).

Text

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.

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Related

American Prairie Construction Co. v. Hoich
560 F.3d 780 (Eighth Circuit, 2009)
75 case citations
Cargill, Inc. v. American Pork Producers, Inc.
426 F. Supp. 499 (D. South Dakota, 1977)
7 case citations
Atwood-Kellogg, Inc. v. Nickeson Farms
1999 SD 148 (South Dakota Supreme Court, 1999)
4 case citations
American Prairie Construction Co. v. Tri-State Financial, LLC
529 F. Supp. 2d 1061 (D. South Dakota, 2007)
2 case citations

Legislative History

SDC 1939, § 26.0105 (2).

Nearby Sections

15
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Bluebook (online)
South Dakota § 56-1-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/56-1-6.