C.R.S. Section 4-3-308
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 4-3-402 (a).

(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 4-3-301, 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.

Source: Section 4-3-308 — Proof of signatures and status as holder in due course, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑3‑101
Short title 4‑3‑102
Subject matter 4‑3‑103
Definitions 4‑3‑104
Negotiable instrument 4‑3‑105
Issue of instrument 4‑3‑106
Unconditional promise or order 4‑3‑107
Instrument payable in foreign money 4‑3‑108
Payable on demand or at definite time 4‑3‑109
Payable to bearer or to order 4‑3‑110
Identification of person to whom instrument is payable 4‑3‑111
Place of payment 4‑3‑112
Interest 4‑3‑113
Date of instrument 4‑3‑114
Contradictory terms of instrument 4‑3‑115
Incomplete instrument 4‑3‑116
Joint and several liability 4‑3‑117
Other agreements affecting instrument 4‑3‑118
Statute of limitations 4‑3‑119
Notice of right to defend action 4‑3‑201
Negotiation 4‑3‑202
Negotiation subject to rescission 4‑3‑203
Transfer of instrument 4‑3‑204
Indorsement 4‑3‑205
Special indorsement 4‑3‑206
Restrictive indorsement 4‑3‑207
Reacquisition 4‑3‑301
Person entitled to enforce instrument 4‑3‑302
Holder in due course 4‑3‑303
Value and consideration 4‑3‑304
Overdue instrument 4‑3‑305
Defenses and claims in recoupment 4‑3‑306
Claims to an instrument 4‑3‑307
Notice of breach of fiduciary duty 4‑3‑308
Proof of signatures and status as holder in due course 4‑3‑309
Enforcement of lost, destroyed, or stolen instrument 4‑3‑310
Effect of instrument on obligation for which taken 4‑3‑311
Accord and satisfaction by use of instrument 4‑3‑312
Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check 4‑3‑401
Signature necessary for liability on instrument 4‑3‑402
Signature by representative 4‑3‑403
Unauthorized signature 4‑3‑404
Impostors 4‑3‑405
Employer’s responsibility for fraudulent indorsement by employee 4‑3‑406
Negligence contributing to forged signature or alteration of instrument 4‑3‑407
Alteration 4‑3‑408
Drawee not liable on unaccepted draft 4‑3‑409
Acceptance of draft 4‑3‑410
Acceptance of varying draft 4‑3‑411
Refusal to pay cashier’s checks, teller’s checks, and certified checks 4‑3‑412
Obligation of issuer of note or cashier’s check 4‑3‑413
Obligation of acceptor 4‑3‑414
Obligation of drawer 4‑3‑415
Obligation of indorser 4‑3‑416
Transfer warranties 4‑3‑417
Presentment warranties 4‑3‑418
Payment or acceptance by mistake 4‑3‑419
Instruments signed for accommodation 4‑3‑420
Conversion of instrument 4‑3‑501
Presentment 4‑3‑502
Dishonor 4‑3‑503
Notice of dishonor 4‑3‑504
Excused presentment and notice of dishonor 4‑3‑505
Evidence of dishonor 4‑3‑506
Recording credit card or social security numbers prohibited 4‑3‑601
Discharge and effect of discharge 4‑3‑602
Payment 4‑3‑603
Tender of payment 4‑3‑604
Discharge by cancellation or renunciation 4‑3‑605
Discharge of indorsers and accommodation parties
Green check means up to date. Up to date

Current through Fall 2024

§ 4-3-308’s source at colorado​.gov