The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 3-308)
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§ 3—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. 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) of this title.
(b) If the validity of signatures is admitted or proved and there is compliance with subsection
(a) of this section, a plaintiff producing the instrument is entitled to payment if
the plaintiff proves entitlement to enforce the instrument under section 3—301 of this title, 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. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1, 1995.)