§25‑3‑308. Proof of signatures and status as holder in due course.
(a) In an action withrespect to an instrument, the authenticity of, and authority to make, eachsignature on the instrument is admitted unless specifically denied in thepleadings. If the validity of a signature is denied in the pleadings, theburden of establishing validity is on the person claiming validity, but thesignature is presumed to be authentic and authorized unless the action is toenforce the liability of the purported signer and the signer is dead orincompetent at the time of trial of the issue of validity of the signature. Ifan action to enforce the instrument is brought against a person as theundisclosed 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 onthe instrument as a represented person under G.S. 25‑3‑402(a).
(b) If the validity ofsignatures is admitted or proved and there is compliance with subsection (a) ofthis section, a plaintiff producing the instrument is entitled to payment ifthe plaintiff proves entitlement to enforce the instrument under G.S. 25‑3‑301,unless the defendant proves a defense or claim in recoupment. If a defense orclaim in recoupment is proved, the right to payment of the plaintiff is subjectto the defense or claim, except to the extent the plaintiff proves that theplaintiff has rights of a holder in due course which are not subject to thedefense or claim. (1899, c. 733, s. 59; Rev., s. 2208; C.S., s. 3040;1965, c. 700, s. 1; 1995, c. 232, s. 1.)
§25‑3‑308. Proof of signatures and status as holder in due course.
(a) In an action withrespect to an instrument, the authenticity of, and authority to make, eachsignature on the instrument is admitted unless specifically denied in thepleadings. If the validity of a signature is denied in the pleadings, theburden of establishing validity is on the person claiming validity, but thesignature is presumed to be authentic and authorized unless the action is toenforce the liability of the purported signer and the signer is dead orincompetent at the time of trial of the issue of validity of the signature. Ifan action to enforce the instrument is brought against a person as theundisclosed 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 onthe instrument as a represented person under G.S. 25‑3‑402(a).
(b) If the validity ofsignatures is admitted or proved and there is compliance with subsection (a) ofthis section, a plaintiff producing the instrument is entitled to payment ifthe plaintiff proves entitlement to enforce the instrument under G.S. 25‑3‑301,unless the defendant proves a defense or claim in recoupment. If a defense orclaim in recoupment is proved, the right to payment of the plaintiff is subjectto the defense or claim, except to the extent the plaintiff proves that theplaintiff has rights of a holder in due course which are not subject to thedefense or claim. (1899, c. 733, s. 59; Rev., s. 2208; C.S., s. 3040;1965, c. 700, s. 1; 1995, c. 232, s. 1.)
§25‑3‑308. Proof of signatures and status as holder in due course.
(a) In an action withrespect to an instrument, the authenticity of, and authority to make, eachsignature on the instrument is admitted unless specifically denied in thepleadings. If the validity of a signature is denied in the pleadings, theburden of establishing validity is on the person claiming validity, but thesignature is presumed to be authentic and authorized unless the action is toenforce the liability of the purported signer and the signer is dead orincompetent at the time of trial of the issue of validity of the signature. Ifan action to enforce the instrument is brought against a person as theundisclosed 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 onthe instrument as a represented person under G.S. 25‑3‑402(a).
(b) If the validity ofsignatures is admitted or proved and there is compliance with subsection (a) ofthis section, a plaintiff producing the instrument is entitled to payment ifthe plaintiff proves entitlement to enforce the instrument under G.S. 25‑3‑301,unless the defendant proves a defense or claim in recoupment. If a defense orclaim in recoupment is proved, the right to payment of the plaintiff is subjectto the defense or claim, except to the extent the plaintiff proves that theplaintiff has rights of a holder in due course which are not subject to thedefense or claim. (1899, c. 733, s. 59; Rev., s. 2208; C.S., s. 3040;1965, c. 700, s. 1; 1995, c. 232, s. 1.)
