ORS 73.0308
Proof of signatures and status as holder in due course

(1)

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 ORS 73.0402 (Signature by representative) (1).

(2)

If the validity of signatures is admitted or proved and there is compliance with subsection (1) of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under ORS 73.0301 (Person entitled to enforce instrument), 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 that are not subject to the defense or claim. [1993 c.545 §37]

Source: Section 73.0308 — Proof of signatures and status as holder in due course, https://www.­oregonlegislature.­gov/bills_laws/ors/ors073.­html (accessed May 26, 2025).

73.0101
Short title 73.0102
Application of chapter 73.0103
Definitions 73.0104
Negotiable instrument 73.0105
Issue of instrument 73.0106
Unconditional promise or order 73.0107
Instrument payable in foreign money 73.0108
Payable on demand or at definite time 73.0109
Payable to bearer or to order 73.0110
Identification of person to whom instrument is payable 73.0111
Place of payment 73.0112
Interest 73.0113
Date of instrument 73.0114
Contradictory terms of instrument 73.0115
Incomplete instrument 73.0116
Joint and several liability 73.0117
Other agreements affecting instrument 73.0118
Statute of limitations 73.0119
Notice of right to defend action 73.0201
Negotiation 73.0202
Negotiation subject to rescission 73.0203
Transfer of instrument 73.0204
Indorsement 73.0205
Special indorsement 73.0206
Restrictive indorsement 73.0207
Reacquisition 73.0301
Person entitled to enforce instrument 73.0302
Holder in due course 73.0303
Value and consideration 73.0304
Overdue instrument 73.0305
Defenses and claims in recoupment 73.0306
Claims to an instrument 73.0307
Notice of breach of fiduciary duty 73.0308
Proof of signatures and status as holder in due course 73.0309
Enforcement of lost, destroyed or stolen instrument 73.0310
Effect of instrument on obligation for which taken 73.0311
Accord and satisfaction 73.0312
Lost, destroyed or stolen cashier’s check, teller’s check or certified check 73.0401
Signature 73.0402
Signature by representative 73.0403
Unauthorized signature 73.0404
Impostors 73.0405
Employer’s responsibility for fraudulent indorsement by employee 73.0406
Negligence contributing to forged signature or alteration of instrument 73.0407
Alteration 73.0408
Drawee not liable on unaccepted draft 73.0409
Acceptance of draft 73.0410
Acceptance varying draft 73.0411
Refusal to pay cashier’s checks, teller’s checks and certified checks 73.0412
Obligation of issuer of note or cashier’s check 73.0413
Obligation of acceptor 73.0414
Obligation of drawer 73.0415
Obligation of indorser 73.0416
Transfer warranties 73.0417
Presentment warranties 73.0418
Payment or acceptance by mistake 73.0419
Instruments signed for accommodation 73.0420
Conversion of instrument 73.0501
Presentment 73.0502
Dishonor 73.0503
Notice of dishonor 73.0504
Excused presentment and notice of dishonor 73.0505
Evidence of dishonor 73.0601
Discharge and effect of discharge 73.0602
Payment 73.0603
Tender of payment 73.0604
Discharge by cancellation or renunciation 73.0605
Discharge of indorsers and accommodation parties

Current through early 2026

§ 73.0308. Proof of signatures & status as holder in due course's source at oregon​.gov