56-3-13. Notice of action or proceedings against indemnified not received by indemnitor--Indemnitor not allowed to control defense--Judgment against indemnitor presumptive evidence.
If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former unless a contrary intention appears.
Source: SDC 1939, §31.3107 (6); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (6).
Structure South Dakota Codified Laws
Title 56 - Guaranty, Suretyship and Indemnity
Section 56-3-1 - Indemnity defined.
Section 56-3-2 - Indemnity for a future wrongful act void.
Section 56-3-3 - Indemnity for past wrongful act valid.
Section 56-3-4 - Indemnity extends to acts of agents.
Section 56-3-5 - Agreement to indemnify several persons applies to each.
Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.
Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.
Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.
Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.
Section 56-3-15 - Reimbursement of indemnitor.
Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.