Except as provided in the Uniform Commercial Code [Chapter 55 NMSA 1978], accounts duly verified by the oath of the party claiming the same, or his agent, and promissory notes and other instruments in writing, not barred by law, are sufficient evidence in any suit to enable the plaintiff to recover judgment for the amount thereof, unless the defendant or his agent denies the same under oath.
History: Laws 1880, ch. 5, § 18; C.L. 1884, § 1878; C.L. 1897, § 2931; Code 1915, § 2176; C.S. 1929, § 45-603; 1941 Comp., § 20-207; 1953 Comp., § 20-2-7; Laws 1961, ch. 96, § 11-103.
Cross references. — For admissibility of evidence in civil actions in district courts, see Rule 11-101 NMRA et seq.
Section held unconstitutional. — Because this section prescribes an evidentiary rule of practice or procedure, an area constitutionally within the power of the supreme court and not the legislature, this section is unconstitutional. Miller & Assocs., Ltd. v. Rainwater, 1985-NMSC-001, 102 N.M. 170, 692 P.2d 1319.
Law reviews. — For annual survey of New Mexico commercial law, see 16 N.M.L. Rev. 1 (1986).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Accounts and Accounting § 12 et seq.
Accounts receivable: sufficiency of evidence as to items included in "accounts receivable" under contract selling, assigning, pledging, or reserving such items, 41 A.L.R.2d 1395.
1 C.J.S. Account, Action on §§ 33 to 43.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
