As against a principal both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
S.D. Codified Laws § 59-6-5
Notice to agent or principal
Applied in 9 court decisions — leading case Aetna Life Insurance Co. v. McElvain (1985)
Most recently applied in Blanchard v. Mid-Century Insurance Co. (September 2019)
Source: CivC 1877, § 1368; CL 1887, § 3991; RCivC 1903, § 1687; RC 1919, § 1269; SDC 1939, § 3.0305.
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.