West Virginia Code § 46-3-308

Proof of signatures and status as holder in due course
Open in Lexace · Ask the AI about this section
(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 seigner 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 prrincipal 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 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 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 defensse 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.

‹ Prev All West Virginia 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.