• <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Zane Grey, Inscribed photograph album depicting Grey and party at Catalina, fishing, and in Arizona. $700 to $1,000
    <b>Doyle, online only Jul 13-24:</b> Eric Taverner, Salmon Fishing...London: Seeley, Service & Co., 1931. $600 to $900
    <b>Doyle, online only Jul 13-24:</b> The Gentleman Angler. $300 to $500
    <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Ken Robinson, Flyfishers' Progress. [London: The Flyfishers' Club, 2000. $200 to $300
    <b>Doyle, online only Jul 13-24:</b> G. H. Lacy, North Punjab Fishing Club Angler's Handbook. Calcutta: Newman & Co., 1890. $300 to $500
    <b>Doyle, online only Jul 13-24:</b> J. Harrington Keene, Fly-Fishing and Fly-Making for Trout, etc. New York, 1887. $200 to $300
    <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Arthur Macrate, The History of The Tuna Club, Avalon, Santa Catalina Island, California, 1948. $400 to $600
    <b>Doyle, online only Jul 13-24:</b> Joseph D. Bates Jr. Streamer Fly Tying and Fishing. Harrisburg, PA: The Stackpole Company, 1966. $800 to $1,200
    <b>Doyle, online only Jul 13-24:</b> Paul Schmookler and Ingrid V. Sils. Rare and Unusual Fly Tying Materials: A Natural History. $300 to $500
    <b>Doyle, online only Jul 13-24:</b> Herbert Hoover, Fishing For Fun - And To Wash Your Soul. New York: Random House, 1963. $400 to $600
  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 372: Martin Luther King Jr. March for Freedom Now! Placard. Chicago, 1960. 28 x 22”. $3,000 to $6,000
    <b>Potter & Potter Auctions, July. 28:</b> Lot 567: Warhol, Andy. Tate Gallery Exhibition Booklet, Signed on the Cover by Warhol. Tate Gallery, 1971. $700 to $900
    <b>Potter & Potter Auctions, July. 28:</b> Lot 72: Mitchell, Margaret. <i>Gone With the Wind.</i> New York: The Macmillan Co., 1936. First edition, first issue. $4,000 to $5,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 468: Photo Archive Documenting the 1930s—50s Chicago Jazz and Night Club Scene. A significant collection. $2,000 to $4,000
    <b>Potter & Potter Auctions, July. 28:</b> Lot 143: Dr. Seuss. <i>Oh Say Can You Say.</i> 1979, First Edition, Signed. $200 to $300
    <b>Potter & Potter Auctions, July. 28:</b> Lot 285: [Maps] Thomas G. Bradford. <i>A Comprehensive Atlas, Geographical, Historical & Commercial.</i> Boston: William D. Ticknor, 1835. First Edition. $1,600 to $1,800
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 69: Herman Melville. <i>Moby Dick, or The Whale</i>. New York: Random House, 1930. First Kent Trade Edition. $400 to $600
    <b>Potter & Potter Auctions, July. 28:</b> Lot 295: John James Audoban. Group of 148 Lithographs from the Birds of America. Philadelphia: J.T. Bowen, ca. 1840s. $600 to $800
    <b>Potter & Potter Auctions, July. 28:</b> Lot 54: Langston Hughes. <i>One-Way Ticket.</i> New York: Alfred A. Knopf, 1949. First edition. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 7: Ray Bradbury. <i>The Martian Chronicles.</i> With a Wine Label Signed by Bradbury. Garden City: Doubleday, 1950. First edition $300 to $500
    <b>Potter & Potter Auctions, July. 28:</b> Lot 121. Frank L Baum. <i>The Wonderful Wizard of Oz.</i> Chicago: George M. Hill Co., 1899, 1900. First Edition. $4,000 to $5,000.
    <b>Potter & Potter Auctions, July. 28:</b> Lot 369. [Declaration of Independence] Peter Force Engraving of the Declaration of Independence. One page; 29 x 26”. From the "American Archives" 1837-1853 series of books. $15,000 to $20,000
  • <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> SHAKESPEARE, WILLIAM. <i>The Tragedie of Julius Caesar.</i> London, 1623. 1st appearance in print, Complete from the First Folio. Sold for $175,000
    <b>Bonhams, June 12 results:</b> Ernst, Max. <i>Mr. Knife and Miss Fork</i>. Paris, 1932. DELUXE EDITION. Sold for $15,625
    <b>Bonhams, June 12 results:</b> Cage, John. Autograph musical leaf from his Concert for Piano and Orchestra, NY, 1958. Sold for $18,750
    <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> Einstein, Albert. Signed Passport Photo for his US citizenship application. Bermuda, 1935. Sold for $17,500
    <b>Bonhams, June 12 results:</b> Verard, Antoine. Illuminated printed Book of Hours. Paris, 1507. Sold for $7,500
    <b>Bonhams, June 12 results:</b> Wetterkurzschlussel. German Weather Report Codebook - for Enigma use. Berlin, 1942. Sold for $225,000
    <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> Morelos y Pavon, Jose Maria. Autograph letter signed to El Virrey Venegas, February 5, 1812. Sold for $6,250
    <b>Bonhams, June 12 results:</b> Milne, A.A. Complete set of <i>Winnie-the-Pooh</i> books. 4 volumes. All first issue points. London, 1924-1928. Sold for $5,250
    <b>Bonhams, June 12 results:</b> A 48-star American Flag, battle worn flown at Guadalcanal and Peleliu, 1942-1944. Sold for $35,000
    <b>Bonhams, June 12 results:</b> Locke, John. Autograph Letter Signed mourning the death of his friend, William Molyneaux, 2 pp, October 27, 1698. Sold for $20,000
  • <b>Skinner: Early English Books<br>A Single Owner Sale. July 20, 2018</b>
    <b>Skinner, July 20:</b> Cranmer, Thomas (1489-1556). <i>Catechismus, That is to Say, a Shorte Instruction into Christian Religion...</i> London, 1548. First edition. $12,000 to $18,000
    <b>Skinner, July 20:</b> Donne, John (1572-1631). <i>Pseudo-Martyr.</i> London: Printed by W[illiam] Stansby for Walter Burre, 1610. First edition. $25,000 to $35,000
    <b>Skinner, July 20:</b> Fletcher, Giles (1549?-1611). <i>The Russe Common Wealth, or Maner of Gouernement by the Russe Emperour…</i> London, 1591. First edition. $15,000 to $25,000
    <b>Skinner, July 20:</b> Gabelkover, Oswald (1539-1616). <i>The Boock of Physicke.</i> Dordrecht: Isaack Caen, 1599. First edition. $12,000 to $15,000
    <b>Skinner: Early English Books<br>A Single Owner Sale. July 20, 2018</b>
    <b>Skinner, July 20:</b> Galileo, Galilei (1564-1642) trans. Thomas Salusbury (d. 1666). <i>Mathematical Collections and Translations the First Tome.</i> London, 1661. First edition of Galileo's works in English. $35,000 to $50,000
    <b>Skinner, July 20:</b> Higden, Ranulphus (d. 1364). <i>Polycronicon.</i> Translated by John Trevisa, with the 1357-1460 <i>Continuation</i> by William Caxton. Southwark, 1527. $15,000 to $25,000
    <b>Skinner, July 20:</b> Randolph, Bernard (b. 1643). <i>The Present State of the Morea, Called Anciently Peloponnesus…</i> London, 1689. [Bound with] <i>The Present State of the Islands of the Archipelago…</i> $10,000 to $15,000
    <b>Skinner, July 20:</b> <i>The Great Herball Newly Corrected.</i> London, 1539. Folio, ESTC lists three U.S. copies; the last copy offered at auction was incomplete and sold in 1949. $25,000 to $35,000

Rare Book Monthly

Articles - September - 2010 Issue

Protecting Your Rights to Books You Consign

Ucc-1

A typical UCC-1 Financing Statement.


By Michael Stillman

Last month, we ran a wonderful story about a book that was placed on consignment with dealer Jeffrey Thomas (click here to read it). Sadly, Mr. Thomas died, and by the time the consignor realized this, the book had been sold at auction. Fortunately, with some research and retracing of events, and the integrity and efforts of Pacific Book Auctions and Mrs. Thomas, the consignor received the proceeds of the auction. However, there is no guarantee that all, or even most such cases will have a satisfactory conclusion. In response to the story, Michigan bookseller Mike Riordan suggested we present a description of the UCC (Uniform Commercial Code) requirements for a consignor to protect his or her interests in consigned goods. While we cannot provide legal advice, and certainly counsel you obtain such advice if what you are consigning is of significant value, we will provide an overview of issues to consider.

While the UCC provides for a method of legally filing your claim to consigned goods (the way filing a deed at the courthouse protects you rights to your house), there is a step that comes first. This is a necessity whether or not you make a UCC filing (and UCC filings can only be made for property valued over $1,000, so it will not help you with a single $500 book). In the case described last month, the consignor said she had received a "casually written receipt" but was not able to locate it. This is wrong on two accounts. Losing it, obviously, is the first mistake. The other is just a casual receipt. There should be a contract. This does not have to be a fancy looking legal document (unless you pay a lawyer to write it), but should contain some basic information, and be signed and dated by both parties. Be sure to describe the books well. This means, along with title and author, mention date, edition, and anything else that would help to distinguish your copy from others of the same book (particularly a handwritten notation or other unique indicia).

Next, be sure to state that it is a consignment, with you (the consignor) retaining title to it until it is sold. This is very important. You are not retaining a lien or security interest in the book - you are retaining the actual title to it. This is a true consignment. State a price or estimate of value, and any other terms of the deal (such as the percentage the consignee/seller is to receive). Such a document will protect the owner/consignor against any claims by the seller/consignee that he owns the books or is entitled to all of the proceeds of sale. It probably would have protected the consignor in our case had Mrs. Thomas not recognized her claim and chosen to do the right thing.

However, this is only partial protection, and here is where a UCC filing comes in. The contract will protect you in disputes with the bookseller, but not always against other parties. All states have adopted at least part of the UCC as local law, though there can be variations in some states, so the following is a general rule. The UCC provides for a courthouse filing of a financing statement which shows the terms of the contract you have with your bookseller. This is normally done on a UCC-1 financing statement form. Why is this important? The answer is that the Thomas case is probably the less common one. The greater danger is that of the bookseller going bankrupt. Here is where the UCC can save you from having your consigned books sold with the sellers' other assets in a bankruptcy auction. If the unsecured creditors as a group get only ten cents on the dollar, that's all you may get of the price your book is sold for, even though you own it, maybe even though you have the contract previously mentioned that proves you own the book.

That isn't fair! It doesn't matter. The law is the law. A contract may protect you vis a vis the bookseller, but to secure your title to the consigned books against claimants other than the bookseller, you need to make a UCC filing down at the local courthouse. This officially puts other potential creditors on notice that you own the books. That way, an electrician or someone performing work for the bookseller won't look at your book on his shelf, figure the bookseller must have lots of money to own that book, and thereby extend credit to the bookseller based on this false sense of security. By placing a UCC filing, you have notified any other potential creditors that you are the owner of that book, not the bookseller.

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>Swann Auction Galleries:</b> Luis de Lucena, <i>Arte de Ajedres,</i> first edition of the earliest extant manual on modern chess, Salamanca, circa 1496-97. Sold for $68,750.
    <b>Swann Auction Galleries:</b> Carte-de-visite album with 83 images of prominent African Americans & abolitionists, circa 1860s. Sold for $47,500.
    <b>Swann Auction Galleries:</b> Gustav Klimt, <i>Das Werk,</i> Vienna & Leipzig, 1918. Sold for $106,250.
    <b>Swann Auction Galleries:</b> Man Ray, <i>[London Transport] – Keeps London Going,</i> 1938. Sold for $149,000.
    <b>Swann Auction Galleries:</b> Thomas Jefferson, Letter Signed, to Major-General Nathanael Greene, promising reinforcements against Cornwallis, 1781. Sold for $35,000.
    <b>Swann Auction Galleries:</b> Nicolas de Fer, <i>L’Amerique Divisee Selon Letendue de ses Principales Parties,</i> Paris, 1713. Sold for $30,000.
    <b>Swann Auction Galleries:</b> Russell H. Tandy, <i>The Secret in the Old Attic,</i> watercolor, pencil & ink, 1944. Sold for $35,000.
    <b>Swann Auction Galleries:</b> Ernest Hemingway, <i>Three Stories & Ten Poems,</i> first edition of the author's first book, Paris, 1923. Sold for $23,750.
    <b>Swann Auction Galleries:</b> Walker Evans, <i>River Rouge Plant,</i> silver print, 1947. Sold for $57,500.

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