2019 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 5 - Gambling Debts and Losses
Section 44-5-13 - [Time for commencing action.]

Any action for money or property brought under this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be commenced within one year from the time such action accrued, and not afterwards.

History: Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 13; C.L. 1884, § 2302; C.L. 1897, § 3211; Code 1915, § 2519; C.S. 1929, § 58-113; 1941 Comp., § 25-1013; 1953 Comp., § 22-10-13.

Compiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.

Losses over one-year old cannot be set-off. — In a suit brought to recover money lost at gambling within one year prior to the bringing of such action, moneys won at gambling by the plaintiff from the defendant more than one year prior to the commencement of action by the plaintiff to recover his losses cannot be pleaded as a set-off or counterclaim to the original cause of action. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.

Loss occurs at time game played, not when money paid. — Where, in action to recover money lost at gaming device, it was in evidence that the plaintiff did not settle the loss at the time of the play, but about six weeks later he gave a check which defendant cashed, the loss occurred at the time the game was played, and not when the check was given or the money paid. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.

Objection to counterclaim barred by limitations sustained. — An objection to a counterclaim which pleaded a cause of action under the gaming statutes barred by the statutes of limitation was properly sustained. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 238 to 243.

Action to recover money or property lost and paid through gambling as affected by statute of limitations, 22 A.L.R.2d 1390.

38 C.J.S. Gaming § 60.