Section 43-39-14 – Liability for damage arising from wrongful use–Exception.
43-39-14. Liability for damage arising from wrongful use–Exception. A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used. Source: CivC 1877, §1048; CL 1887, §3672; RCivC 1903, §1367; RC 1919, §984; SDC 1939, […]
Section 43-39-15 – Sale of thing in danger of perishing.
43-39-15. Sale of thing in danger of perishing. If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. Source: CivC 1877, […]
Section 43-39-16 – Services rendered by depository.
43-39-16. Services rendered by depository. So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4, inclusive. Source: CivC 1877, §1051; CL 1887, §3675; RCivC 1903, §1370; RC 1919, §987; SDC 1939, §60.0102 (13).
Section 43-39-17 – Extent of liability of depository for negligence.
43-39-17. Extent of liability of depository for negligence. The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Source: CivC 1877, §1052; CL 1887, §3676; RCivC 1903, §1371; RC 1919, §988; SDC 1939, §60.0102 (14).
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 […]
Section 43-39-19 – Notice to owner of thing wrongfully detained.
43-39-19. Notice to owner of thing wrongfully detained. A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository against […]
Section 43-39-11 – Gratuitous depository–Care for preservation of deposit.
43-39-11. Gratuitous depository–Care for preservation of deposit. A gratuitous depository must use at least slight care for the preservation of the thing deposited. Source: CivC 1877, §1055; CL 1887, §3679; RCivC 1903, §1374; RC 1919, §991; SDC 1939, §60.0102 (15).
Section 43-39-12 – Depository of living animals–Food and shelter–Kind treatment.
43-39-12. Depository of living animals–Food and shelter–Kind treatment. A depository of living animals must provide them with suitable food and shelter and treat them kindly. Source: CivC 1877, §1046; CL 1887, §3670; RCivC 1903, §1365; RC 1919, §982; SDC 1939, §60.0102 (8).
Section 43-39-12.1 – Abandonment of animal left with veterinarian–Notice to owner–Disposition–Liability.
43-39-12.1. Abandonment of animal left with veterinarian–Notice to owner–Disposition–Liability. Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner’s agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given […]
Section 43-39-1 – Kinds and classifications of deposits.
43-39-1. Kinds and classifications of deposits. A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§43-39-2 to 43-39-7, inclusive. Source: CivC 1877, §1033; CL 1887, §3657; RCivC 1903, §1352; RC 1919, §969; SDC 1939, §60.0101.