Title 56, GUARANTY, SURETYSHIP AND INDEMNITY

An agreement to indemnify a person against an act already done is valid, even though the act was known to be wrongful, unless it was a felony. Source: SDC 1939, § 31.3103; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 3.

An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents. Source: SDC 1939, § 31.3104; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 4.

An agreement to indemnify several persons applies to each, unless a contrary intention appears. Source: SDC 1939, § 31.3105; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 5.

One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately to every person injured by such act. Source: SDC 1939, § 31.3106; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 6.

In the interpretation of a contract of indemnity, the rules set forth in §§ 56-3-8 to 56-3-15 , inclusive, are to be applied, unless a contrary intention appears. Source: SDC 1939, § 31.3107; repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 7.

Upon an indemnity against liability, expressly, or in other equivalent terms, unless a contrary intention appears, the person indemnified is entitled to recover upon becoming liable. Source: SDC 1939, § 31.3107 (1); repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , §…

Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof. Source: SDC 1939, § 31.3107 (2); repealed SL 1966, ch 111 , § 5; re …