Enforcement of an instrument

Question 1

A plaintiff seeking enforcement must prove

Answer 1

1) The plaintiff is a person entitled to enforce the instrument; and

2) The signatures on the instrument are valid

Question 2

Who is entitled to enforce ?

Answer 2

A holder, a non holder in possession of the instrument (shelter rule non holder), a person not in possession but has the right to enforce (lost or stolen instrument0

Question 3

Signatures are accepted as authentic unless

Answer 3

They are specifically denied in the pleadings. If contested, the party claiming validity has the burden of proving that the signatures are valid.

Question 4

Once the Plaintiff establishes a prima facie, the D can then assert any real or personal defenses at his disposal

Answer 4

I P is an HDC, he can re-establish the right to payment if only defenses are personal defenses

Question 5

Lost/Stolen/Destroyed Instrument

Answer 5

P has the right to enforce an instrument even if the instrument was lost or stolen

Question 6

Who cannot bring an action for conversion

Answer 6

1) Issuers and acceptors
2) Payees and indorsees