N.M. Stat. § 55-4A-212
Liability and duty of receiving bank regarding
unaccepted payment order.
If a receiving bank fails to accept a payment order that it is obliged by express
agreement to accept, the bank is liable for breach of the agreement to the extent
provided in the agreement or in this article, but does not otherwise have any duty to
accept a payment order or, before acceptance, to take any action, or refrain from taking
action, with respect to the order except as provided in this article or by express
agreement. Liability based on acceptance arises only when acceptance occurs as
stated in Section 55-4A-209 NMSA 1978, and liability is limited to that provided in this
article. A receiving bank is not the agent of the sender or beneficiary of the payment
order it accepts, or of any other party to the funds transfer, and the bank owes no duty
to any party to the funds transfer except as provided in this article or by express
agreement.