Title 11, Chapter 8, Section 114
( 11-8-114)
Evidentiary rules concerning certificated securities. The following rules apply in an action on a certificated security
against the issuer: (1) Unless specifically denied in the pleadings, each signature on
a security certificate or in a necessary indorsement is admitted. (2) If the effectiveness of a signature is put in issue, the
burden of establishing effectiveness is on the party claiming
under the signature, but the signature is presumed to be genuine
or authorized. (3) If signatures on a security certificate are admitted or
established, production of the certificate entitles a holder to
recover on it unless the defendant establishes a defense or a
defect going to the validity of the security. (4) If it is shown that a defense or defect exists, the plaintiff
has the burden of establishing that the plaintiff or some person
under whom the plaintiff claims is a person against whom the
defense or defect cannot be asserted. |