A guarantor is not liable if the contract of the principal is unlawful, but he is liable notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the principal.
S.D. Codified Laws § 56-1-19
Liability of guarantor--Contract of principal unlawful--Personal disability of principal
Applied in 1 court decision — leading case International Multifoods Corp. v. Mardian (1985)
Most recently applied in International Multifoods Corp. v. Mardian (December 1985)
Source: SDC 1939, § 26.0113.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.