[Shortage compromises declared invalid; recovery of full payment; limitation of action.]

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Any compromise, satisfaction or discharge of indebtedness prohibited by the preceding section [10-17-7 NMSA 1978] of this article is hereby declared to be invalid, and shall not be held a bar to any suit for the collection thereof, and suit may be brought at any time within four years from the date of any such compromise, satisfaction or discharge to enforce the payment thereof, notwithstanding any existing law of limitation.

History: Laws 1893, ch. 5, § 2; C.L. 1897, § 3194; Code 1915, § 1865; C.S. 1929, § 39-114; 1941 Comp., § 10-513; 1953 Comp., § 5-6-12.

ANNOTATIONS

Purpose of sections. — The object of this section and 10-17-7 NMSA 1978 is to exclude a special class of claims from the general statutes of limitation, whether existing at the time this act (10-17-7, 10-17-8 NMSA 1978) was passed or subsequently enacted. State v. Roy, 1937-NMSC-026, 41 N.M. 308, 68 P.2d 162.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 216.


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