- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 3. Negotiable Instruments
- Section 308. Proof of Signatures and Status as Holder in Due Course.
previous: Section 307
. Notice of Breach of Fiduciary Duty.
next: Section 309
. Enforcement of Lost, Destroyed, or Stolen Instrument.
AS 45.03.308. 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 to which a responsive pleading is required. 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 AS 45.03.402(a).
- (b) If the validity of signatures is admitted or proved and there is compliance with (a) of this section, a plaintiff
producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under AS
, 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.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.