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, ยง26.0105 (2).
Structure South Dakota Codified Laws
Title 56 - Guaranty, Suretyship and Indemnity
Section 56-1-1 - Guaranty defined.
Section 56-1-2 - Knowledge of principal unnecessary to creation of guaranty.
Section 56-1-3 - Consideration--When required.
Section 56-1-5 - Promise for consideration to answer for obligation of another--Writing unnecessary.
Section 56-1-7 - Promise for antecedent obligation of another--Writing unnecessary.
Section 56-1-8 - Undertaking by factor to sell merchandise and guarantee sale--Writing unnecessary.
Section 56-1-10 - Acceptance of guaranty.
Section 56-1-11 - Guaranty of incomplete contract.
Section 56-1-12 - Guaranty that obligation is good or collectible.
Section 56-1-13 - Recovery upon guaranty that obligation is good or collectible.
Section 56-1-17 - Liability of guarantor of conditional obligation--Notice of default.
Section 56-1-18 - Obligations of guarantor--Scope and limitations.
Section 56-1-20 - Continuing guaranty defined.
Section 56-1-21 - Revocation of continuing guaranty--Exception.
Section 56-1-23 - Void promises do not exonerate guarantor.
Section 56-1-25 - Obligation of guarantor reduced by partial satisfaction of obligation.
Section 56-1-26 - Delay of creditors in enforcement of remedy--Guarantor not exonerated.
Section 56-1-27 - Liability of indemnified guarantor.
Section 56-1-28 - Discharge of principal by operation of law--Guarantor not exonerated.