Section 43-39-21 – Depository not obligated to deliver deposit without demand.
43-39-21. Depository not obligated to deliver deposit without demand. A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. Source: CivC 1877, §1040; CL 1887, §3664; RCivC 1903, §1359; RC 1919, §976; SDC 1939, §60.0102 (2).
Section 43-39-22 – Depository must deliver on demand.
43-39-22. Depository must deliver on demand. A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real […]
Section 43-39-23 – Place of delivery.
43-39-23. Place of delivery. A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him. Source: CivC 1877, §1041; CL 1887, §3665; RCivC 1903, §1360; RC 1919, §977; SDC 1939, §60.0102 (3).
Section 43-39-24 – Delivery of thing owned jointly or in common.
43-39-24. Delivery of thing owned jointly or in common. If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depository may deliver to each his proper share thereof, if it can be done without injury to the thing. Source: CivC 1877, §1044; CL […]
Section 43-39-25 – Cessation of duties of gratuitous depository.
43-39-25. Cessation of duties of gratuitous depository. The duties of a gratuitous depository cease: (1)Upon his restoring the thing deposited to its owner; or (2)Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depository under subdivision 43-39-3(2) cannot give […]
Section 43-39-26 – Rate of compensation for fractional part of week or month.
43-39-26. Rate of compensation for fractional part of week or month. In the absence of a different agreement or usage, a depository for hire is entitled to one week’s hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month’s hire for the storage of any […]
Section 43-39-27 – Indemnification of depository by depositor.
43-39-27. Indemnification of depository by depositor. A depositor must indemnify the depository: (1)For all damage caused to him by the defects or vices of the thing deposited; and (2)For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. Source: CivC 1877, §1045; CL […]
Section 43-39-28 – Rights of parties to terminate deposit.
43-39-28. Rights of parties to terminate deposit. In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depository upon reasonable notice. Source: CivC 1877, §1060; CL 1887, §3684; RCivC 1903, §1379; RC 1919, […]
Section 43-39-29 – Termination of deposit–Payment of charges to become due.
43-39-29. Termination of deposit–Payment of charges to become due. Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depository in case of the deposit so continuing. Source: CivC 1877, §1061; CL 1887, §3685; […]
Section 43-39-18 – Injury to or loss of thing deposited.
43-39-18. Injury to or loss of thing deposited. If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is presumed […]