Summary

In Smith v. Blackford, 228 N.W. 469, the Supreme Court of South Dakota held, under facts similar to those here involved, that the original maker was discharged, but based their decision on a section of the Code adopted by the same enactment as the Negotiable Instruments Law, which expressly provides that a surety is exonerated or discharged from liability by an extension of time granted by the creditor of the principal debtor without the consent of the surety.