Public-domain · open source
OpenJurist

N.Y. U.C.C. 3-307

Burden of Establishing Signatures, Defenses and Due Course

Applied in 1 court decision — leading case In re Richmond (2015)

Most recently applied in In re Richmond (July 2015)

2014-09-22

Section 3--307. Burden of Establishing Signatures, Defenses and Due\n Course.\n (1) Unless specifically denied in the pleadings each signature on an\ninstrument is admitted. When the effectiveness of a signature is put in\nissue\n (a) the burden of establishing it is on the party claiming under\n the signature; but\n (b) the signature is presumed to be genuine or authorized except\n where the action is to enforce the obligation of a purported\n signer who has died or become incompetent before proof is\n required.\n (2) When signatures are admitted or established, production of the\ninstrument entitles a holder to recover on it unless the defendant\nestablishes a defense.\n (3) After it is shown that a defense exists a person claiming the\nrights of a holder in due course has the burden of establishing that he\nor some person under whom he claims is in all respects a holder in due\ncourse.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.