Except as prescribed by §§ 56-1-5 to 56-1-9, inclusive, a guaranty must be in writing and signed by the guarantor; but the writing need not express a consideration.
S.D. Codified Laws § 56-1-4
Requirements as to writing--Signature of guarantor--Expression of consideration unnecessary
Applied in 5 court decisions — leading case Western Petroleum Co. v. First Bank Aberdeen (N.A.) (1985)
Most recently applied in In Re the Estate of Cullum (November 2015)
Source: SDC 1939, § 26.0104.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.