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New York Consolidated Laws, Uniform Commercial Code - UCC § 3-307. Burden of Establishing Signatures, Defenses and Due Course

Current as of January 01, 2024 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - New York Consolidated Laws, Uniform Commercial Code - UCC § 3-307. Burden of Establishing Signatures, Defenses and Due Course - last updated January 01, 2024 | https://codes.findlaw.com/ny/uniform-commercial-code/ucc-sect-3-307/

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