Statute · New York Uniform Commercial Code

N.Y. U.C.C. Law § 3-307 — Burden of Establishing Signatures, Defenses and Due Course

N.Y. U.C.C. Law § 3-307

Type
Statute
Source
New York Uniform Commercial Code
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

Section 3--307. Burden of Establishing Signatures, Defenses and Due

Citator

N.Y. U.C.C. Law § 3-307 — Burden of Establishing Signatures, Defenses and Due Course is in force in the current edition of the Code, and nothing recorded condemns it.

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.