§ 6A-3-308 - Proof of signatures and status as holder in due course.
SECTION 6A-3-308
§ 6A-3-308 Proof of signatures and statusas holder in due course. – (a) In an action with respect to an instrument, the authenticity of, andauthority to make, each signature on the instrument is admitted unlessspecifically denied in the pleadings. If the validity of a signature is deniedin the pleadings, the burden of establishing validity is on the person claimingvalidity, but the signature is presumed to be authentic and authorized unlessthe action is to enforce the liability of the purported signer and the signeris dead or incompetent at the time of trial of the issue of validity of thesignature. If an action to enforce the instrument is brought against a personas the undisclosed principal of a person who signed the instrument as a partyto the instrument, the plaintiff has the burden of establishing that thedefendant is liable on the instrument as a represented person under §6A-3-402(a).
(b) If the validity of signatures is admitted or proved andthere is compliance with subsection (a), a plaintiff producing the instrumentis entitled to payment if the plaintiff proves entitlement to enforce theinstrument under § 6A-3-301, unless the defendant proves a defense orclaim in recoupment. If a defense or claim in recoupment is proved, the rightto payment of the plaintiff is subject to the defense or claim, except to theextent the plaintiff proves that the plaintiff has rights of a holder in duecourse which are not subject to the defense or claim.