N.Y. Uniform Commercial Code Law Section 3-307
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.

Source: Section 3-307 — Burden of Establishing Signatures, Defenses and Due Course, https://www.­nysenate.­gov/legislation/laws/UCC/3-307 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 3-307’s source at nysenate​.gov

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