{"data":{"id":"us-ky/krs-355.3-308","jurisdiction":"us-ky","citation":"KRS 355.3-308","heading":"Proof of signatures and status as holder in due course.","body":"(1) In an action with respect to an instrument, the authenticity of, and authority to\nmake, each signature on the instrument is admitted unless specifically denied in the\npleadings. If the validity of a signature is denied in the pleadings, the burden of\nestablishing validity is on the person claiming validity, but the signature is\npresumed to be authentic and authorized unless the action is to enforce the liability\nof the purported signer and the signer is dead or incompetent at the time of trial of\nthe issue of validity of the signature. If an action to enforce the instrument is\nbrought against a person as the undisclosed principal of a person who signed the\ninstrument as a party to the instrument, the plaintiff has the burden of establishing\nthat the defendan t is liable on the instrument as a represented person under KRS\n355.3-402(1).\n(2) If the validity of signatures is admitted or proved and there is compliance with\nsubsection (1) of this section, a plaintiff producing the instrument is entitled to\npayment i f the plaintiff proves entitlement to enforce the instrument under KRS\n355.3-301, unless the defendant proves a defense or claim in recoupment. If a\ndefense or claim in recoupment is proved, the right to payment of the plaintiff is\nsubject to the defense o r claim, except to the extent the plaintiff proves that the\nplaintiff has rights of a holder in due course which are not subject to the defense or\nclaim.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33466","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:44Z","sha256":"4fb3238c906b5664116cd5f96868b301e88b9c32e9db07fc7fd33a5a29562b7c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.3-307","next":"us-ky/krs-355.3-309"},"notice":"GroundRules: Original legal text. Not legal advice."}
