2020 New Mexico Statutes
Chapter 53 - Corporations
Article 10 - Unincorporated Associations
Section 53-10-5 - [Right to sue and be sued; actions against members.]

Universal Citation: NM Stat § 53-10-5 (2020)

Such club or association may sue or be sued in its name without the individual members thereof being made parties to such suit, and may sue any member as a defendant in any matter arising out of his membership in said club or association or the termination thereof, and may recover judgment if necessary, for any dues or obligations due and owing by such member to the club or association, whether such member has ceased to become [be] such or not.

History: Laws 1937, ch. 186, § 5; 1941 Comp., § 52-105; 1953 Comp., § 51-18-5.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Individual liability of member. — Driver of truck was individually liable for injuries to woman struck by falling beam as truck was negligently moved in closing of refreshment stand operated exclusively by the ladies auxiliary. Weese v. Stoddard, 1956-NMSC-117, 63 N.M. 20, 312 P.2d 545.

The members of an unincorporated association are liable for the torts committed by the association's agent acting within the scope of his employment. Weese v. Stoddard, 1956-NMSC-117, 63 N.M. 20, 312 P.2d 545.

Plaintiffs lacked the legal capacity to sue. — Where parties to a well sharing and easement agreement brought suit against defendant for past due water well expenses, but failed to satisfy the requirements of 53-10-1 NMSA 1978 by filing the statutory documents to form an unincorporated association, plaintiffs were unavailing of the rights conferred by 53-10-1 NMSA 1978, including the right to sue granted by this section, and therefore the district court erred in entering judgment in favor of plaintiffs. Blue Canyon Well Ass'n v. Jevne, 2018-NMCA-004.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Parties §§ 19 to 23, 27, 30, 31.

Liability to one struck by golf ball, 53 A.L.R.4th 282.

Association of persons as proper representative of class under Rule 23 of Federal Rules of Civil Procedure governing maintenance of class actions, 63 A.L.R. Fed. 361.

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