Chapter 14-6 Denial of Genuineness of Indorsement or Assignment

• Jurisdiction: United States

14-6 Denial of Genuineness of Indorsement or Assignment

Defendant must deny, in a verified pleading, that the indorsement or assignment of the written instrument upon which the plaintiff brings suit is not genuine, upon the defendant's information and belief.²⁵

A party who fails to plead by verified denial the genuineness of its signature on written instruments cannot contest the genuineness of its signatures at trial by way of proving the instruments are not genuine.²⁶ However, it would seem that, even in the absence of a verified denial, a defendant may produce evidence contesting the genuineness of an indorsement at the summary judgment stage.²⁷

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Notes:

^[25] Tex. R. Civ. P. 93(8); Guardian Bank v. San Jacinto Sav. Ass'n, 593 S.W.2d 860, 862-63 (Tex. Civ. App.—Houston [1st Dist.] 1980, writ ref'd n.r.e.).

^[26] Overall v. Sw. Bell Yellow Pages, Inc., 869 S.W.2d 629, 632 (Tex. App.—Houston [14th Dist.] 1994, pet. denied).

^[27] Guardian Bank v. San Jacinto Sav. Ass'n, 593 S.W.2d 860, 863 (Tex. Civ. App.—Houston [1st Dist.] 1980, writ ref'd n.r.e.).