Section 3–308. (a) 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 subsection (a) of section 3–402.
(b) 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 3–301, 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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Article 3 - Negotiable Instruments
Section 3-111 - Place of Payment
Section 3-102 - Subject Matter
Section 3-312 - Lost, Destroyed, or Stolen Cashier's Check, Teller's Check, or Certified Check
Section 3-402 - Signature by Representative
Section 3-403 - Unauthorized Signature
Section 3-404 - Impostors; Fictitious Payees
Section 3-405 - Employer's Responsibility for Fraudulent Indorsement by Employee
Section 3-406 - Negligence Contributing to Forged Signature or Alteration of Instrument
Section 3-408 - Drawee Not Liable on Unaccepted Draft
Section 3-409 - Acceptance of Draft; Certified Check
Section 3-410 - Acceptance Varying Draft
Section 3-411 - Refusal to Pay Cashier's Checks, Teller's Checks, and Certified Checks
Section 3-412 - Obligation of Issuer of Note or Cashier's Check
Section 3-413 - Obligation of Acceptor
Section 3-311 - Accord and Satisfaction by Use of Instrument
Section 3-414 - Obligation of Drawer
Section 3-416 - Transfer Warranties
Section 3-418 - Payment or Acceptance by Mistake
Section 3-419 - Instruments Signed for Accommodation
Section 3-420 - Conversion of Instrument
Section 3-503 - Notice of Dishonor
Section 3-504 - Excused Presentment and Notice of Dishonor
Section 3-505 - Evidence of Dishonor
Section 3-601 - Discharge and Effect of Discharge
Section 3-603 - Tender of Payment
Section 3-604 - Discharge by Cancellation or Renunciation
Section 3-605 - Discharge of Indorsers and Accommodation Parties
Section 3-415 - Obligation of Indorser
Section 3-310 - Effect of Instrument on Obligation for Which Taken
Section 3-417 - Presentment Warranties
Section 3-308 - Proof of Signatures and Status as Holder in Due Course
Section 3-309 - Enforcement of Lost, Destroyed, or Stolen Instrument
Section 3-104 - Negotiable Instrument
Section 3-105 - Issue of Instrument
Section 3-106 - Unconditional Promise or Order
Section 3-107 - Instrument Payable in Foreign Money
Section 3-108 - Payable on Demand or at Definite Time
Section 3-110 - Identification of Person to Whom Instrument Is Payable
Section 3-113 - Date of Instrument
Section 3-114 - Contradictory Terms of Instrument
Section 3-115 - Incomplete Instrument
Section 3-116 - Joint and Several Liability; Contribution
Section 3-117 - Other Agreements Affecting Instrument
Section 3-118 - Statute of Limitations
Section 3-109 - Payable to Bearer or to Order
Section 3-307 - Notice of Breach of Fiduciary Duty
Section 3-119 - Notice of Right to Defend Action
Section 3-306 - Claims to an Instrument
Section 3-305 - Defenses and Claims in Recoupment
Section 3-304 - Overdue Instrument
Section 3-302 - Holder in Due Course
Section 3-301 - Person Entitled to Enforce Instrument
Section 3-303 - Value and Consideration
Section 3-206 - Restrictive Indorsement
Section 3-205 - Special Indorsement; Blank Indorsement; Anomalous Indorsement
Section 3-203 - Transfer of Instrument; Rights Acquired by Transfer