South Dakota Supreme Court

State of South Dakota, Department of Revenue, Plaintiff and Appellant v. Bruce E. Thiewes and Jesse Lee, Defendants…

November 15, 19891989 S.D. LEXIS 179

Summary

The court held that summary judgment for the corporate officers was improper because they did not establish that the bond satisfied the statutory requirements for avoiding personal liability, and the Department’s evidence disputed whether the bond covered the required amount. It reversed and remanded for trial so the facts concerning compliance with both bond statutes could be developed.

Holding

  • Whether summary judgment for the officers was proper based on the corporation’s bond.. No. The officers did not establish that they had elected not to be personally liable and that the corporation had provided a bond in the amount required by SDCL 10-45-55; the Department’s evidence that the bond did not cover a year’s gross receipts precluded summary judgment.

Docket 16507

Cited authorities

  • certificate

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