Burden of Establishing Signatures, Defenses and Due

Course.

(1)Unless specifically denied in the pleading each signature on an instrument is admitted. When the effectiveness of a signature is put in issue COL120106 DIV. 3 COMMERCIAL PAPER

(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. ---------CHAPTER 4 LIABILITY OF PARTIES