Nevada Code § 104.3308

Proof of signatures and status as holder in due course
Open in Lexace · Ask the AI about this section
1. 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 subsection 1 of NRS
104.3402 .
2. If the validity of signatures is
admitted or proved and there is compliance with subsection 1, a plaintiff
producing the instrument is entitled to payment if the plaintiff proves
entitlement to enforce the instrument under NRS
104.3301 , 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 he or she has rights of a holder in due course which are
not subject to the defense or claim.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.