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NEW MEXICO STATUTES AND CODES

Section 39-4C-5 - Determining money of the claim.

39-4C-5. Determining money of the claim.

A.     The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.   

B.     If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:   

(1)     regularly used between the parties as a matter of usage or course of dealing;   

(2)     used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or   

(3)     in which the loss was ultimately felt or will be incurred by the party claimant.   

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