§ 6A-3-308. Proof of signatures and status as holder in due course.
(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 § 6A-3-402(a).
(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 § 6A-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.
History of Section.P.L. 2000, ch. 238, § 3; P.L. 2000, ch. 421, § 3.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-3 - Negotiable Instruments
Part 3 - Enforcement of Instruments
Section 6A-3-301. - Person entitled to enforce instrument.
Section 6A-3-302. - Holder in due course.
Section 6A-3-303. - Value and consideration.
Section 6A-3-304. - Overdue instrument.
Section 6A-3-305. - Defenses and Claims in Recoupment.
Section 6A-3-306. - Claims to an instrument.
Section 6A-3-307. - Notice of breach of fiduciary duty.
Section 6A-3-308. - Proof of signatures and status as holder in due course.
Section 6A-3-309. - Enforcement of lost, destroyed, or stolen instrument.
Section 6A-3-310. - Effect of instrument on obligation for which taken.
Section 6A-3-311. - Accord and satisfaction by use of instrument.
Section 6A-3-312. - Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check.