2018 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 3 - Negotiable Instruments
Section 55-3-119 - Notice of right to defend action.
In an action for breach of an obligation for which a third person is answerable over pursuant to Chapter 55, Article 3 or 4 NMSA 1978, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states: (i) that the person notified may come in and defend; and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
History: 1978 Comp., § 55-3-119, enacted by Laws 1992, ch. 114, § 106; 2009, ch. 234, § 5.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
This section is a restatement of former Section 3-803 [repealed].
Repeals. — Laws 1992, ch. 114, § 237 repealed former 55-3-119 NMSA 1978, as enacted by Laws 1961, ch. 96, § 3-119, relating to other writings affecting instrument, effective July 1, 1992. Laws 1992, ch. 114, § 106 enacted a new section, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 55-3-117 NMSA 1978.
The 2009 amendment, effective January 1, 2010, added the reference to Chapter 55, Article 3 NMSA 1978 and changed "may give the third person written notice of the litigation" to "may give the third person notice of the litigation in a record".
