There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 33 - Enforcement of Instruments
Section 3308 - Proof of signatures and status as holder in due course
§ 3308. Proof of signatures and status as holder in due course.
(a) Proof of signatures.--In an action with respect to an
instrument, the authenticity of, and authority to make, each
signature on the instrument is admitted unless specifically
denied in the pleadings. If the validity of a signature is
denied in the pleadings, the burden of establishing validity is
on the person claiming validity, but the signature is presumed
to be authentic and authorized unless the action is to enforce
the liability of the purported signer and the signer is dead or
incompetent at the time of trial of the issue of validity of the
signature. If an action to enforce the instrument is brought
against a person as the undisclosed principal of a person who
signed the instrument as a party to the instrument, the
plaintiff has the burden of establishing that the defendant is
liable on the instrument as a represented person under section
3402(a) (relating to signature by representative).
(b) Status as holder in due course.--If the validity of
signatures is admitted or proved and there is compliance with
subsection (a), a plaintiff producing the instrument is entitled
to payment if the plaintiff proves entitlement to enforce the
instrument under section 3301 (relating to person entitled to
enforce instrument), unless the defendant proves a defense or
claim in recoupment. If a defense or claim in recoupment is
proved, the right to payment of the plaintiff is subject to the
defense or claim, except to the extent the plaintiff proves that
the plaintiff has rights of a holder in due course which are not
subject to the defense or claim.
Cross References. Section 3308 is referred to in section
3309 of this title.
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