2006 New York Code - 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.