GA Code § 11-3-308 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-308. Proof of Signatures and Status as Holder in Due Course

  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 subsection (a) of Code Section 11-3-402.   If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this Code section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Code Section 11-3-301, 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.     (Code 1981, §11-3-308, enacted by Ga. L. 1996, p. 1306, § 3.)   Law reviews.   - For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978). For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966). For comment discussing imposition upon holder in due course of a greater burden of proof under this section of Uniform Commercial Code than that previously required under Uniform Negotiable Instruments Law before its repeal, in light of Budget Charge Accounts, Inc. v. Mullaney, 187 Pa. Super. Ct. 190, 144 A.2d 438 (1958), see 10 Mercer L. Rev. 211 (1958). For comment on Perini Corp. v. First Nat'l Bank, 553 F.2d 398 (5th Cir. 1977), see 27 Emory L.J. 393 (1978).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Signatures   Defenses   Establishing Due Course Status    RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 105, 215, 216, 299. 12 Am. Jur. 2d, Bills and Notes, §§ 557, 650 et seq., 681. 15A Am. Jur. 2d, Commercial Code, §§ 73, 74.   C.J.S.   - 10 C.J.S., Bills and Notes, § 284 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-308.   ALR.    - Necessity of endorsement by all payees before maturity to make a transferee a bona fide holder, 25 A.L.R. 163.    Necessity of proof of title by one in possession of a negotiable instrument bearing his endorsement, 30 A.L.R. 328.    Burden of proof as to alteration not apparent on face of instrument, 31 A.L.R. 1455.    Stamped, printed, or typewritten signature as compliance with requirement that process or document be "under his hand," 37 A.L.R. 87.    Character as holder in due course protected against defenses of prior party as affected by lack of bona fides toward intermediate party, 52 A.L.R. 516.    Rights as between one who deposits commercial paper for collection without any indication on the paper of that purpose, and one who takes it in good faith from the depositary, 58 A.L.R. 259.    Proof or admission that title to negotiable paper was defective as between intermediate holders as affecting presumption that subsequent holder was a holder in due course, 70 A.L.R. 1228.    Renewal of bill or note as precluding defense available against the original, 72 A.L.R. 600.    Production of paper purporting to be endorsed in blank by payee or by a special endorsee as prima facie evidence of plaintiff's title, 85 A.L.R. 304.    Burden of proof as to consideration for bill or note when plaintiff not protected as a holder in due course, 127 A.L.R. 1003.    Deception as to character of paper signed as defense as against bona fide holder of negotiable paper, 160 A.L.R. 1295.