Rare Book Monthly

Articles - May - 2015 Issue

New York Public Library and Private Party Battle Over Million Dollar Books

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New York Public Library.

One of those tricky ownership cases has arisen in New York over eight books that once were in a library, but ended up in private hands. The library claims the books are theirs, the private party says they are hers. The books have been in private hands for quite awhile. They once were in the library. How they traveled from point A to point B is a mystery.

 

The library is the renown New York Public Library. The private party is Margaret Tanchuck, a 50-year-old lady from a nearby suburb. Ms. Tanchuck said she discovered the books when cleaning out the jewelry store of her late father. She does not know where or how he obtained them, but believes they have been in the family for nearly three decades.

 

One more thing: These books are very valuable. This is not a contest over books deaccessioned or pilfered long ago that are worth a few hundred or even a few thousand dollars. There are eight books in total. Seven are bibles printed between 1672 and 1861. The eighth item is a manuscript workbook from Benjamin Franklin's printing house from 1759-1776. This item has been estimated to be worth more than $1 million, perhaps several million dollars.

 

Ms. Tanchuck brought the books to Doyle New York, the auction house, for an appraisal. Doyle soon realized they had once been held by the New York Public Library as they still had call numbers on the spines. New York Public quickly claimed they were still the owner, saying the books had been stolen. The library never filed any missing book reports, evidently having been unaware they were missing. However, their records indicated that they must have disappeared sometime between 1988 and 1991.

 

Ms. Tanchuck brought an action to have the books returned to her. However, New York Public contacted the U.S. Attorney to gain assistance in recovering the books, saying they were stolen. The Attorney weighed in on the library's side, demanding possession of the books. Meanwhile, the case was brought before a grand jury to determine whether to charge Ms. Tanchuck with knowingly attempting to sell stolen property. Her lawyer has responded angrily to such a charge, saying his client does not know how her father came in possession of the books, but believes the fact that New York Public made no attempt to report them stolen for almost three decades evidences that the books were not stolen, but transferred in some other manner.

 

Cases like this are not unusual these days. Books once owned by libraries or other government institutions show up in private hands. They departed the library many years ago, perhaps over a century, under terms unknown today. They might have been stolen, but more likely they were not deemed of value at the time and either given or thrown away. However, with no bill of sale existing, if there ever was one, the exact circumstances of its leaving is impossible to determine. Meanwhile, the book, thought to be worth little if anything at the time it left, is today worth a lot of money. The library wants it back, the possessor believes his or her ancestors obtained it legally, and a battle results, the court left to determine whether the book belongs to the long time possessor or the institution which, at least once upon a time, owned it.

 

This case is evidently different. Obviously, the U.S. Attorney believes it was stolen or he would not have intervened. Certainly, this case differs from the typical one in the item's value, particularly the value at the time it disappeared. This is not something that became valuable only after many years elapsed from the time it was removed from the library. Benjamin Franklin's workbook was very valuable in 1988. New York Public did not deaccession it for taking up valuable shelf space and stick it in the dumpster, at least not intentionally. Did Ms. Tanchuck's father obtain it illegally? Did someone without the authority give it to him? Did he he buy it cheaply from the library or pick it up as trash because the library did not realize its value (hard to imagine)? Did he obtain the book from someone else who got it in some unknown manner from the library? Did he sneak it out the door? We don't know how he got the book, and maybe we never will. As to how this case will be resolved, I would bet on the library. I think a court will ultimately conclude that a million dollar book did not leave the library with the owner's acquiescence.

Rare Book Monthly

  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. $20,000 to $30,000
    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Ptolemaeus, Claudius. <i>Geographie opus nouissima...</i> 1513. The most important edition of Ptolemy, containing the Admiral's Map. $250,000 to $350,000
    <b>Bonhams, Sep. 25:</b> De Arellano, Don Alonso. Manuscript, his <i>"Relación mui singular y circunstanciada... Capitán del Patax San Lucas,"</i> manuscript copy from the Sir Thomas Phillips collection. $50,000 to $80,000
    <b>Bonhams, Sep. 25:</b> Purchas, Samuel. <i>Purchas his Pilgrimes.</i> First edition. With John Simth's engraved map of Virginia. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. $8,000 to $12,000
    <b>Bonhams, Sep. 25:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. $5,000 to $7,000
    <b>Bonhams, Sep. 25:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. $2,000 to $3,000
  • <b>Swann Auction Galleries Sep 27:</b> Franklin H. Brown, <i>State Sovereignty, National Union,</i> Chicago, 1860. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 27:</b> Thomas Paine, <i>The American Crisis,</i> Fishkill, NY, December 1776. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 27:</b><br>The Aitken Bible, Philadelphia, 1781. $20,000 to $30,000.
    <b>Swann Auction Galleries Sep 27:</b> Francisco Loubayssin de Lamarca, probable first edition of the first novel set in the Spanish New World, Paris, 1617. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Juan de la Anunciación, <i>Sermonario en lengua mexicana,</i> first edition, first book of sermons in Nahuatl, Mexico, 1577. $30,000 to $40,000.
    <b>Swann Auction Galleries Sep 27:</b> Maturino Gilberti, <i>Thesoro spiritual en lengua de Mechuacá,</i> first edition, Mexico, 1558. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Commission of William O. Stoddard as secretary to the president, signed by Lincoln, Washington, 1861. $7,000 to $10,000.
    <b>Swann Auction Galleries Sep 27:</b> <i>Clay and Frelinghuysen,</i> flag banner, circa 1844. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 27:</b> Daguerreotype of a man believed to be Frederick Granger Williams Smith, son of Joseph Smith, circa late 1850s. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 27:</b> John C. Wolfe, <i>Portrait of Abraham Lincoln,</i> oil on board in period wooden frame, circa 1860s. $12,000 to $18,000.
    <b>Swann Auction Galleries Sep 27:</b> Francis W. Winton, manuscript on pow-wows with indigenous Canadians, 1881. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Family letters from two young daguerreotype artists, 1826-79. $10,000 to $15,000.

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