One who appears to be a principal whether by terms of a written instrument or otherwise may show that he is in fact a surety except as against persons who have acted on the faith of his apparent character of principal.
S.D. Codified Laws § 56-2-2
Apparent principal may show that he is a surety
Applied in 1 court decision — leading case State of Wis. Inv. Bd. v. Hurst (1987)
Most recently applied in State of Wis. Inv. Bd. v. Hurst (August 1987)
Source: SDC 1939, § 26.0203.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.