Ohio § 1303.36

§ 1303.36.

(A) Unless specifically denied in the pleadings, in an action with respect to an instrument,

the authenticity of, and authority to make, each signature on an instrument is admitted.  If the validity of a signature is denied in the pleadings, the burden of establishing

validity is on the party 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 becomes incompetent at the time of the trial on the issue

of the 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 1303.42 of the Revised Code . (B) instrument [sic.] If the validity of signatures is admitted or proved and there is

compliance with division (A) of this section, a plaintiff producing the instrument

is entitled to payment if the plaintiff proves entitlement to enforce the instrument

under section 1303.31 of the Revised Code , unless the defendant proves a defense or claim in recoupment.  If the defendant proves a defense or claim in recoupment, 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. (C) A person who takes an instrument, other than a person having rights of a holder in

due course, is subject to a claim of a property or possessory right in the instrument

or its proceeds, including a claim to rescind a negotiation and to recover the instrument

or its proceeds.  A person having rights of a holder in due course takes free of the claim to the

instrument.