If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former unless a contrary intention appears.

Source: SDC 1939, § 31.3107 (6); repealed SL 1966, ch 111 , § 5; re - enacted SL 1967, ch 235 , § 7 (6).