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Chapter 336
Section 336.8-114
Recent History
- 1995 336.8-114 New 1995 c 194 art 1 s 14
This is an historical version of this statute chapter. Also view the most recent published version.
336.8-114 EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES.
The following rules apply in an action on a certificated security against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a
necessary endorsement is admitted.
(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness
is on the party claiming under the signature, but the signature is presumed to be genuine or
authorized.
(3) If signatures on a security certificate are admitted or established, production of the
certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect
going to the validity of the security.
(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing
that the plaintiff or some person under whom the plaintiff claims is a person against whom the
defense or defect cannot be asserted.
History: 1995 c 194 art 1 s 14
The following rules apply in an action on a certificated security against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a
necessary endorsement is admitted.
(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness
is on the party claiming under the signature, but the signature is presumed to be genuine or
authorized.
(3) If signatures on a security certificate are admitted or established, production of the
certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect
going to the validity of the security.
(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing
that the plaintiff or some person under whom the plaintiff claims is a person against whom the
defense or defect cannot be asserted.
History: 1995 c 194 art 1 s 14
Official Publication of the State of Minnesota
Revisor of Statutes