§ 34.1-3-308 — Proof of signatures and status as holder in due course

Wyoming § 34.1-3-308

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 3: NEGOTIABLE INSTRUMENTS

Text

(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 34.1-3-402(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
34.1-3-301, 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.