New York Uniform Commercial Code Law Section 3-307 - Burden of Establishing Signatures, Defenses and Due Course.

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.


Last modified: February 3, 2019