• <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton's Appointment as Aide-De-Camp to General George Washington. $150,000 – 250,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Correspondence about his reputation as a soldier and a gentleman nearly provoking a duel, 1779. $100,000 -150,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. The earliest surviving love letter from Hamilton to his future wife Elizabeth Schuyler. $40,000 – 60,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter signed to Elizabeth Schuyler; a love letter that also announces the arrival of French General Rochambeau. $15,000 – 20,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter to Elizabeth Schuyler, announcing the treason of Benedict Arnold. $35,000 – 50,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter signed to Elizabeth Hamilton, announcing that the army is preparing to engage Cornwallis in Virginia. $30,000 – 50,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter draft to John Jay, concerning his lawsuit against Lewis Littlepage and Henry Brockholst Livingston. $10,000 – 15,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph notes prepared for President Washington's third annual message to congress. $15,000 – 25,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. A prevously unrecorded autograph draft of Pacificus essay no. VI.<br>$300,000 – 500,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter draft to an unnamed recipient (but possibly Jeremiah Wadsworth), regarding the presidential election of 1796. $25,000 – 35,000
    <b>Sotheby’s New York Jan 18:</b><br>Philip Hamilton. Autograph letter signed to his father, Alexander Hamilton, ("Dear Papa"), discussing his schooling and his desire to be "a good man." $8,000 – 12,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Two autograph memoranda, one with a diagram, planning the gardens at the grange. $15,000 – 25,000
  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Cassilly Adams, Civil War era watercolor on paper painting of the navy vessel upon which he was stationed: the U.S.S. Osage. $3,000 – 5,000
    <b>Case Antiques Jan. 21:</b> Audubon, John James and John Bachman, <i>The Quadrupeds of North America.</i> New York: V.G. Audubon, 1854. 3 volumes. $2,400 – 3,400
    <b>Case Antiques Jan. 21:</b> Roulstone, George. <i>LAWS OF THE STATE OF TENNESSEE.</i> Printed and published by George Roulstone, Knoxville, (Tennessee), 1803. $2,000 – 3,000
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Heap, Gwin Harris. <i>CENTRAL ROUTE TO THE PACIFIC, FROM THE VALLEY OF THE MISSISSIPPI TO CALIFORNIA…</i> Philadelphia/London, 1854.<br>$1,800 – 2,200
    <b>Case Antiques Jan. 21:</b> FDR’s personal copy of <i>The Great Smoky Mountains"</i> by Laura Thornborough. Published by Thomas Y. Crowell Company, New York, 1937.<br>$1,500 – 1,800
    <b>Case Antiques Jan. 21:</b> Latour, Arsene Lacarriere. <i>HISTORICAL MEMOIR OF THE WAR IN WEST FLORIDA AND LOUISIANA IN 1814 – 1815. WITH AN ATLAS.</i> Philadelphia, 1816.<br>$1,200 – 1,500
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> [Kennedy Autograph Signature] Kennedy, John F. <i>Profiles in Courage.</i> New York Harper & Brothers, (1956).<br>$1,200 – 1,500
    <b>Case Antiques Jan. 21:</b> Sam Houston signed land document, granting Elias Riddle 100 acres in Bledsoe County, Tennessee "in the grassy cove…" dated February 22, 1828.<br>$1,000 – 1,200
    <b>Case Antiques Jan. 21:</b> "The State of Kentucky with Adjoining Territories" Map, by John Payne, engraved by John Scoles, published by John Low, New York, 1800. $500 – 700
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Civil War era letter and 4 carte de visites, including Confederate Generals. $300 – 500
    <b>Case Antiques Jan. 21:</b> 12 Bank of East Tennessee Pre Civil War Bills. $350 – 450
    <b>Case Antiques Jan. 21:</b> 2 Early Homeopathy books by Alva Curtis. $300 – 400
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868

Rare Book Monthly

Articles - February - 2016 Issue

The New York Public Library Wins Round One in Battle to Recover Stolen Books

F12fdf53-f3fb-4f20-af82-ce490eaaf2c4

The New York Public Library recently survived a round in its attempt to recover several books almost certainly stolen from it decades ago. The current possessor's attempt to have the library's claim for the books dismissed on statute of limitations grounds was denied by the New York State Supreme Court on January 8. The legal justification for the dismissal was bizarre, though it is hard to argue with the fairness of the result.

 

Last spring, Margaret Tanchuck approached Doyle New York, the auction house, with some impressive books. She was interested in an appraisal and possibly a sale. There were seven old bibles, but even more important was a manuscript workbook from Benjamin Franklin's printing house from 1759-1776. It could be worth seven figures. There were also some obvious problems with the books. They contained markings of the New York Public Library. One had an ownership stamp of the library inside, others the library's call numbers on the spine. Doyle quickly contacted the New York Public, Mrs. Tanchuck says with her permission, to inquire whether these items had indeed been sold or legally deaccessioned.

 

It didn't take long for the New York Public Library to say "no way." They had not been sold or otherwise intentionally released. However, the library was not aware that they were missing. In looking through their records, they concluded that the items departed the library sometime between 1988-1991, but no one there had ever noticed. Mrs. Tanchuck did not shed much light on how they exited the library either, only confirming the timing and describing how they came into her possession.

 

Mrs. Tanchuck inherited the books from her father, John Caggiano. Mr. Caggiano operated a jewelry store in Glen Head, New York, but also traded in other valuable items. According to Mrs. Tanchuck, sometime around 1990, her father told her he had some valuable books in his store, and mentioned them a few more times over the years, but never disclosed how he came to have them. Mr. Caggiano died in 2009.

 

One can only speculate how Mr. Caggiano came to possess these books. Obviously, he did not buy them from the library, and the odds that they were accidentally thrown away are less than slim-to-none. There is nothing in Mr. Caggiano's background that would suggest he was a thief, and the fact that he never attempted to remove the library markings or make any money from them indicates he was not in the business of stealing books. However, it does not appear unreasonable to think he was aware that not all was on the up and up based on his never attempting to sell the books, display them, or tell his family much about them. He appears to have treated the books as if they were "hot."

 

Based on his business, and the way he treated the books, we might guess that he purchased them for a ridiculously low price from someone else who knew they were stolen, either the thief or someone who obtained them from the thief. We have no evidence to support this guess, but it seems the most logical explanation to us. We might also note that Mrs. Tanchuck may have had serious doubts about the legitimacy of her father's possessions as she did not list them among the inventory of her father's estate presented to the Surrogate's Court in 2013.

 

The New York Public Library demanded Mrs. Tanchuck return the books. She declined. The library said she demanded a large sum of money to give them back. The library contacted the U. S. Attorney who seized the books. This lawsuit, in which the library prevailed, was an attempt by Mrs. Tanchuck to get a declaratory judgment that the library's claim was barred by the stature of limitations. That statute provides that an action to recover property must be commenced within three years of it being missing. Clearly, these books left the possession of the library way more than three years ago.

 

However, one exception established in the case law prevented the stature of limitations from running for many years, and herein lies what is truly bizarre about the law in this case. The case law provides that if stolen property is in the hands of a good faith purchaser, the statute of limitations does not begin to run until the real owner demands the goods be returned, and the possessor refuses to return them. That did not happen until last year, and once the library realized the books were missing, they immediately made a demand for their return.

 

In other words, if Mr. Caggiano had stolen the books himself and kept his mouth shut, three years later they would have been his to keep. However, since he came upon them honestly (or, at least, there is no evidence that he did not), he does not get to keep them until three years after he has informed the owner he has them. The thief gets to keep the stolen merchandise, while the honest purchaser does not. The Supreme Court pointed out that "the Court of Appeals noted that it was 'seemingly anomalous,' for the cause of action to accrue earlier when the property was in possession of the thief, rather than a good faith purchaser for value. Nevertheless, the Court of Appeals has not changed the rule which applies in those circumstances." Seemingly anomalous, indeed! It is ridiculous.

 

The court does go on to talk about "equitable principles" in their decision, and you get the feeling they might have found another way to come to the same result if Mrs. Tanchuck had claimed that her father said he stole the books himself. Any other result would be ridiculous, and courts usually don't like to reach stupid conclusions. The law may be an ass, but judges don't much like to look like ones themselves. So, this case will go on, and if I were a betting man, I would put my money on the New York Public Library to get those books back when all is said and done.

Rare Book Monthly

  • <b>Daniel Crouch Rare Books</b><br>SAXTON, Christopher. <i>The Travellers Guide being the best Mapp of the Kingdom of England and Principality of Wales</i>. London, [1583, but c.1716].
    <b>Daniel Crouch Rare Books</b><br>VISSCHER, Claes Jansz. <i>Novissima et Accuratissima Leonis Belgici</i>. Amsterdam, Claes Jansz Visscher, [1611-1621 or later].
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Decima Asie Tabula</i>. Ulm, Lienhart Holle, 16 July 1482.
    <b>Daniel Crouch Rare Books</b><br>WIT, Frederick de, and Gerard VALK. <i>Orbis Terrarum Nova et Accurata Tabula</i>. Amsterdam, Gerard Valk, [c.1690-1700].
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Astronomicum Caesareum</i>. Ingolstadt, Peter Apian, 1540.
    <b>Daniel Crouch Rare Books</b><br>CASSINI, Jean-Dominique. <i>Carte de la Lune</i>. Paris, Jean-Dominique Cassini, 1787.
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Geographicae enarrationis libri octo</i>. Argentoragi, 1525.
    <b>Daniel Crouch Rare Books</b><br>[SAXTON, Christopher]. <i> [An Atlas of England and Wales]</i>. [London, Christopher Saxton, 1579].
    <b>Daniel Crouch Rare Books</b> Commission des sciences et arts d'Egypte. <i>Description de l’Égypte</i>… Paris, Imprimerie impériale - Imprimerie royale, 1809-1828.
    <b>Daniel Crouch Rare Books</b> CHURCHMAN, John. <i>To George Washington President of the United States of America this Magnetic Atlas or Variation Chart is humbly inscribed by John Churchman</i>. Philadelphia, 1790.
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Tipus Orbis Universalis</i>. Vienna, Johannes Camertius, 1520.
    <b>Daniel Crouch Rare Books</b><br>LORIOT, A[uguste], [after] Nicolas LANE. <i>[Pocket globe]</i>. London, 65 New Bond Street, 1809.
    <b>Daniel Crouch Rare Books</b><br>BLAEU, Johannes. <i>Grooten Atlas</i>. Amsterdam, Joan Blaeu, 1662-1665.
    <b>Daniel Crouch Rare Books</b><br>INGEBORG BRUN, Emmy. <i>Mars efter Lowell’s Glober 1894-1914</i>. Denmark, [c1915].
    <b>Daniel Crouch Rare Books</b><br>LUTHER, Martin. <i>Der vierde Teil aller Bücher vnd Schrifften des thewren seligen Mans</i>. Gedruckt zu Jhena, Durch Christian Rödinger, 1556.
  • <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Princezna Hyacinta</i>, 1911. $15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b><br><i>Les Maîtres de l'Affiche</i>, 5 volumes, Paris, 1896-1900.<br>$35,000 to $50,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Job</i>, 1896.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Bleuze - Hadancourt Parfumeur</i>, circa 1899.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Lygie</i>, 1901. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Babylone d'Allemagne</i>, 1894.<br>$30,000 to $40,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Zodiac / La Plume</i>, 1896. $15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>The Seasons</i>, 4 panels on silk, 1900.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Aristide Bruant dans son Cabaret</i>, 1893. $20,000 to $30,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Monaco / Monte-Carlo</i>, 1897. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Medee / Sarah Bernhardt</i>, 1898. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Confetti</i>, 1894. $40,000 to $60,000.
  • <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> EINSTEIN, ALBERT. <i>Die Grundlage der allgemeinen Relativitätstheorie.</i> Leipzig: Johann Ambrosius Barth, 1916.<br>$80,000 – 120,000
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. Autograph Manuscript in English, Signed Integrally ("Isaac Newton"). $50,000 – 70,000
    <b>Bonhams Dec. 7:</b> DARWIN, CHARLES. <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: John Murray, 1859. $25,000 – 35,000
    <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. <i>The Mathematical Principles of Natural Philosophy.</i> London: Benjamin Motte, 1729.<br>$20,000 – 30,000
    <b>Bonhams Dec. 7:</b> HEISENBERG, WERNER. Autograph Manuscript entitled "<i>Entwicklung der Theorie der Elementarteilche,</i>” [1964].<br>$15,000 – 25,000
    <b>Bonhams Dec. 7:</b> BERNOULLI, DANIEL. <i>Hydrodynamica, sive De viribus et motibus fluidorum commentarii.</i> Strasbourg: Johann Heinrich Decker for Johann Reinhold Dulsecker, 1738. $5,000 – 7,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> [TARKOVSKY, ANDREI ARSENIEVICH.] STRUGATSKY, BORIS AND ARKADY. Typed Manuscript for <i>Stalker</i>, being the director's working script, 1977. $150,000 – 200,000
    <b>Bonhams Dec. 7:</b> HEMINGWAY, ERNEST. Typed Manuscript of "Marlin Off the Morro: A Cuban Letter," n.p., [1933]. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> SALINGER, JEROME DAVID. 4 Autograph Letters, 2 of which Signed ("Jerry") and 6 Typed Letters, 2 of which Initialed ("J"). $30,000 – 50,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> PASTERNAK, BORIS LEONIDOVICH. Typed Manuscript Carbon, "Doktor Zhivago," with some typed corrections, Moscow, 1948. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> MILNE, ALAN ALEXANDER. Autograph Manuscript Signed 3 times ("A.A. Milne"), entitled "Peace with Honour: An Enquiry into the War Convention," 1934.<br>$30,000 – 50,000
    <b>Bonhams Dec. 7:</b> FROST, ROBERT. Autograph Manuscript Signed ("Robert Frost"), titled "Gold for Christmas," 1952. $15,000 – 20,000

Article Search

Archived Articles

Ask Questions