Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-307
Burden of Establishing Signatures, Defenses and Due Course
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 3, PART 3
Section 3--307. Burden of Establishing Signatures, Defenses and Due

Course.

(1) Unless specifically denied in the pleadings each signature on an
instrument is admitted. When the effectiveness of a signature is put in
issue

(a) the burden of establishing it is on the party claiming under

the signature; but

(b) the signature is presumed to be genuine or authorized except

where the action is to enforce the obligation of a purported

signer who has died or become incompetent before proof is

required.

(2) When signatures are admitted or established, production of the
instrument entitles a holder to recover on it unless the defendant
establishes a defense.

(3) After it is shown that a defense exists a person claiming the
rights of a holder in due course has the burden of establishing that he
or some person under whom he claims is in all respects a holder in due
course.