prudent man upon inquiry (South Dakota) · Go Syfert
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prudent man upon inquiry in South Dakota

7 South Dakota opinions name it 1 courts 1908–2025 2 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Fritz v. Howard Townshipgreen
sd · 1997 · cited in 2 South Dakota opinions naming this issue, 2022–2025
2 sentences

2025“Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.” Fritz, 1997 S.D. 122 , ¶ 21, 570 N.W.2d at 245 (quoting SDCL 17-1-4).

2022Constructive notice occurs when an entity “has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and [that entity] omits to make such inquiry with reasonable diligence[.]” Fritz, 1997 S.D. 122 , ¶ 21, 570 N.W.2d at 245 (citation omitted).

12
Strassburg v. Citizens State Bankgreen
sd · 1998 · cited in 2 South Dakota opinions naming this issue, 2013–2015
2 sentences

2015Side Lutheran Church, 2014 S.D. 59 , ¶ 14, 852 N.W.2d at 439 -40 (quoting Strassburg v. Citizens State Bank, 1998 S.D. 72 , ¶ 13, 581 N.W.2d 510, 515 ).

2013Strassburg v. Citizens State Bank, 1998 S.D. 72 , ¶ 13, 581 N.W.2d 510, 515 (citations omitted) (noting that “[sjtatutes of limitations begin to run when plaintiffs first become aware of facts prompting a reasonably prudent person to seek information about the problem and its cause.”); SDCL 17-1-4.

12
East Side Lutheran Church of Sioux Falls v. Next, Inc.green
sd · 2014 · cited in 1 South Dakota opinions naming this issue, 2015–2015
2 sentences

2015Side Lutheran Church, 2014 S.D. 59 , ¶ 14, 852 N.W.2d at 439 -40 (quoting Strassburg v. Citizens State Bank, 1998 S.D. 72 , ¶ 13, 581 N.W.2d 510, 515 ).

2015Side Lutheran Church of Sioux Falls v. NEXT, Inc., 2014 S.D. 59 , ¶ 10, 852 N.W.2d 434, 438 (emphasis added). 7 Because “[e]very person who *159 has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself[,]” SDCL 17-1-4, “[a] claim can accrue ‘even when one may not yet know all the underlying facts or the full extent of damages[,]’” E.

11
Madson v. Ballougreen
sd · 1935 · cited in 1 South Dakota opinions naming this issue, 1985–1985
2 sentences

1985“If facts are sufficient to put a purchaser of a title or lien upon inquiry of any adverse right or equity of a third party, his want of diligence in making such inquiry is equivalent to a want of good faith.” Madson v. Ballou, 63 S.D. 501, 505 , 260 N.W. 831, 833 (1935).

1985“If facts are sufficient to put a purchaser of a title or lien upon inquiry of any adverse right or equity of a third party, his want of diligence in making such inquiry is equivalent to a want of good faith.” Madson v. Ballou, 63 S.D. 501, 505 , 260 N.W. 831, 833 (1935).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Rochford v. Barrett green
sd · 1908
1 sentence

1911In the analgo-us case of Rochford v. Barrett, 22 S. D. 83, 115 N. W. 522 , this court called attention to section 2452, Civil Code, which reads as follows: “Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.” Certainly this fact was sufficient to put a prudent man upon inquiry as to the reasons that induced the payees to so long delay the offer of said notes for discount, and called upon the plaintiff to ma

11911–1911
Betts v. Letcher green
sd · 1890
1 sentence

1908Section 2452 reads as follows: “Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.” Betts v. Letcher, 1 S. D. 193, 46 N. W. 193 ; Meyer v. Davenport El.

11908–1908
Parkinson v. Shew neutral
sd · 1899
1 sentence

1908Co., 12 S. D. 175, 80 N. W. 189 ; Heumphreus v. Ry.

11908–1908

Statutes the citing opinions construe

SD § S.D. Codified Laws § 17-1-4 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 82 (1896–2025) OK 49 (1895–2010) TX 12 (1866–2022) NY 12 (1872–2024) ND 12 (1895–2011) MT 8 (1931–1991) CT 7 (1935–2000) SD 7 (1908–2025) MO 7 (1898–1991) OH 5 (1951–2016) WI 4 (1878–1941) GA 4 (1898–1939) CO 4 (1902–1914) MI 4 (1903–2022) KS 4 (1883–1897) IN 4 (1890–1986) NE 4 (1910–1982) IL 3 (1893–2007) ID 2 (1945–1964) WY 2 (1978–1981) MD 2 (1902–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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