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2019 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 5 - Gambling Debts and Losses
Section 44-5-5 - [Defense in action by assignee.]

Universal Citation: NM Stat § 44-5-5 (2019)
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The assignment of any bond, bill, note, judgment, conveyance or other security, shall not affect the defense of the person executing the same.

History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 5; C.L. 1884, § 2294; C.L. 1897, § 3203; Code 1915, § 2511; C.S. 1929, § 58-105; 1941 Comp., § 25-1005; 1953 Comp., § 22-10-5.

ANNOTATIONS

Cross references. — For the rights of a transferee of a negotiable instrument, see 55-3-203 NMSA 1978.

For the rights of a holder in due course, see 55-3-301 NMSA 1978 et seq.

For the rights of one not a holder in due course, see 55-3-306 NMSA 1978.

Party knowingly loaning money for gambling cannot recover by suit. Appleton v. Maxwell, 1901-NMSC-009, 10 N.M. 748, 65 P. 58.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 208 to 210.

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