2007 Minnesota Statutes

336.3-308 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 section 336.3-402(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 section 336.3-301, 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: 1992 c 565 s 36