15-9-23. Action by assignee subject to setoff or defense--Negotiable instruments excepted.
In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due.
Source: SDC 1939 & Supp 1960, ยง33.0404.
Structure South Dakota Codified Laws
Chapter 09 - Commencement Of Actions And Service Of Process
Section 15-9-1 - Security for costs required of nonresident plaintiff.
Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash.
Section 15-9-3 - Form and extent of surety's obligation for costs.
Section 15-9-4 - Dismissal of action for failure to give security for costs.
Section 15-9-7 - Service by publication when defendant not found in state.
Section 15-9-8.1 - Service by publication in adoption proceedings.
Section 15-9-9 - Service by publication in actions involving property within state.
Section 15-9-10 - Service by publication in lien foreclosure actions.
Section 15-9-13 - Service by publication on absconding resident defendant.
Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court.
Section 15-9-15 - Service by publication on unknown parties.
Section 15-9-16 - Search within state not required for service of publication on nonresident.
Section 15-9-17 - Newspaper in which service by publication made--Number of publications.
Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.
Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted.