43-39-19. Notice to owner of thing wrongfully detained.
A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository against the claim of the depositor, the depository is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming in good faith a new obligation changing his position in respect to the thing, to his prejudice.
Source: CivC 1877, §1043; CL 1887, §3667; RCivC 1903, §1362; RC 1919, §979; SDC 1939, §60.0102 (5).
Structure South Dakota Codified Laws
Chapter 39 - Deposit Of Personal Property
Section 43-39-1 - Kinds and classifications of deposits.
Section 43-39-2 - Voluntary deposit, making of--Terms defined--Deposit--Depository.
Section 43-39-3 - Involuntary deposit, making of--Duty of involuntary depository.
Section 43-39-4 - Deposit for keeping defined.
Section 43-39-5 - Deposit for exchange defined.
Section 43-39-6 - Gratuitous deposit defined.
Section 43-39-7 - Deposit for storage defined--Depository as depository for hire.
Section 43-39-8 - Rights and duties of depositor and depository.
Section 43-39-10 - Depository for hire--Ordinary care in preservation of deposit.
Section 43-39-11 - Gratuitous depository--Care for preservation of deposit.
Section 43-39-12 - Depository of living animals--Food and shelter--Kind treatment.
Section 43-39-14 - Liability for damage arising from wrongful use--Exception.
Section 43-39-15 - Sale of thing in danger of perishing.
Section 43-39-16 - Services rendered by depository.
Section 43-39-17 - Extent of liability of depository for negligence.
Section 43-39-18 - Injury to or loss of thing deposited.
Section 43-39-19 - Notice to owner of thing wrongfully detained.
Section 43-39-20 - Notice to owner of adverse claim.
Section 43-39-21 - Depository not obligated to deliver deposit without demand.
Section 43-39-22 - Depository must deliver on demand.
Section 43-39-23 - Place of delivery.
Section 43-39-24 - Delivery of thing owned jointly or in common.
Section 43-39-25 - Cessation of duties of gratuitous depository.
Section 43-39-26 - Rate of compensation for fractional part of week or month.
Section 43-39-27 - Indemnification of depository by depositor.
Section 43-39-28 - Rights of parties to terminate deposit.
Section 43-39-29 - Termination of deposit--Payment of charges to become due.