Nebraska Uniform Commercial Code 3-308
- Uniform Commercial Code
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 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 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.
Under former section 3-307, the presumption of the genuineness of a signature under this section has application only to negotiable instruments, and a guaranty is not such an instrument. Aetna Cas. & Surety Co. v. Nielsen, 217 Neb. 297, 348 N.W.2d 851 (1984).
Under former section 3-307, when the signatures on an instrument are admitted, the production of the instrument entitles the holder to recover on it unless the defendant establishes a defense, and to do so such a defense must be affirmatively pleaded, although it is only necessary to plead the facts and not the theory of the defense. Blaha GMC-Jeep, Inc. v. Frerichs, 211 Neb. 103, 317 N.W.2d 894 (1982).
Under former section 3-307, unless specifically denied in the pleadings, signatures on a promissory note are admitted and upon production of the note the holder is entitled to recover unless the defendant establishes a defense. Center Bank v. Mid-Continent Meats, Inc., 194 Neb. 665, 234 N.W.2d 902 (1975).
Under former section 3-307, when signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. Adair v. Adair, 192 Neb. 571, 222 N.W.2d 908 (1974).
A signature on a promissory note is presumed genuine unless specifically denied in the pleadings. The holder of a signed promissory note is entitled to recover upon production of the note unless the defendant establishes a defense. If the maker of the promissory note shows that a defense exists, then the claimant on the note has the burden of proving his status as a holder in due course. Lewis v. Opstein, 1 Neb. App. 698, 510 N.W.2d 382 (1993).