• <b>Doyle, Apr. 26:</b> THE PAPERS OF BREVET MAJOR GENERAL JOHN GROSS BARNARD (1815-1882), Chief Engineer of the Army of the Potomac. Estimate: $75,000-100,000
    <b>Doyle, Apr. 26:</b> ALVIN LANGDON COBURN. London. With 20 photogravures by Coburn and text by Hilaire Belloc, London and New York: 1909. First edition. Est: $4,000-6,000
    <b>Doyle, Apr. 26:</b> WILLIAM FADEN, A Plan of New York Island, with part of Long Island, Staten Island & East New Jersey. London: 1776. Estimate: $5,000-8,000
    <b>Doyle, Apr. 26:</b> MAX BEERBOHM, Lord Curzon delivering an oration. Original drawing with collage. London, 1912. Est: $2,000-3,000
    <b>Doyle, Apr. 26:</b> AMERICAN REVOLUTION, Recueil des Loix Constitutives des Colonies Angloises. A Philadelphie, et se vend a Paris: Cellot & Jombert, 1778. First collected edition in French. Estimate: $500-800
    <b>Doyle, Apr. 26:</b> WILLIAM TECUMSEH SHERMAN, Confederate General Joseph Johnston's copy of Sherman's General Orders No. 65 announcing the final agreement of Surrender, 27 April 1865. Est: $4,000-6,000
    <b>Doyle, Apr. 26:</b> JOHN KEATS, Lamia, Isabella, the Eve of Saint Agnes and Other Poems. London: Taylor and Hessey, 1820. First edition of Keats’s third book.. Estimate: $5,000-7,000
    <b>Doyle, Apr. 26:</b> M. T. Cicero's Cato Major, or his discourse of Old-age: With Explanatory Notes. Philadelphia: Benjamin Franklin, 1744. Est: $5,000-8,000
    <b>Doyle, Apr. 26:</b> WINSTON S CHURCHILL, History of the English Speaking Peoples. London: Cassell, 1956-58. First editions. Est: $1,500-2,500
  • <b>Auction Pierre Bergé & associés in association with Sotheby’s: Important Books and Manuscripts from the Library of Jean A. Bonna from the 15th to the 20th Century. Sale on April 26, 2017. Exhibition in London March 28-30</b>
    <b>Sotheby’s Paris, Apr. 26:</b> Galileo, <i>Discorsi e Dimostrazioni matematiche.</i> Leyde, Elzevier, 1638. Original edition: only known copy of the first state. €700,000 – 900,000
    <b>Sotheby’s Paris, Apr. 26:</b> Fables illustrated by Benjamin Rabier. Paris, Tallandier, without date [ca. 1910]. Superb binding doubled in vellum decorated with painted and mosaic decors by André Mare illustrating four fables. €10,000 – 15,000
    <b>Sotheby’s Paris, Apr. 26:</b> Gustave Flaubert, draft for the preface of the <i>Memoir for the defense of Madame Bovary</i>, 15-30 January 1857. Exceptiona signed autograph manuscript. €40,000 – 60,000
    <b>Auction Pierre Bergé & associés in association with Sotheby’s: Important Books and Manuscripts from the Library of Jean A. Bonna from the 15th to the 20th Century. Sale on April 26, 2017. Exhibition in London March 28-30</b>
    <b>Sotheby’s Paris, Apr. 26:</b> Boccace, <i>The Book of Praise and the Virtue of the Noble and Cleric Ladies.</i> Verard, 1493. First edition of the French version attributed to Laurent de Premierfait. €40,000 – 60,000
    <b>Sotheby’s Paris, Apr. 26:</b> Exceptional set of 15 original bindings by Jean de Gonet, on rare editions illustrated by Picasso, Matisse, Miro or original editions of Bataille or Radiguet.
  • <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>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Malcolm X, typed manuscripts for the <i>LA Herald Dispatch</i> column "God's Angry Men," 1957.<br>$200,000 to $300,000.
    <b>Swann Auction Galleries Mar. 30:</b> Frederick Douglass, Autograph Letter Signed to George Alfred Townsend, Washington, 1880.<br>$40,000 to $60,000.
    <b>Swann Auction Galleries Mar. 30:</b> Carte-de-visite album featuring a previously unrecorded image of Harriet Tubman, 1860s.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Collection of documents from the Montgomery Improvement Association, Alabama, 1955-63. $20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30:</b> Martin Luther King, Jr., working draft of the "Letter from Birmingham Jail," Alabama, 1963. $10,000 to $15,000.
    <b>Swann Auction Galleries Mar. 30:</b> <i>Benjamin Bannaker's Almanac</i> for 1795, Baltimore. $30,000 to $40,000.
    <b>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Collection of 41 letters addressed to Rebecca Primus, 1854-72.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30:</b> Abby Fisher, <i>What Mrs. Fisher Knows About Old Southern Cooking</i>, first edition, San Francisco, 1881.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries Mar. 30:</b> Victor H. Green, <i>The Negro Motorist Green-Book for 1941</i>, New York, 1940. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar. 30:</b> Toni Morrison, <i>The Bluest Eye, </i>reviewer's copy, New York, 1971. $4,000 to $6,000.

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>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> Ruffed Grous, Plate 41. John James Audubon from <i>Birds of America</i>. Double Elephant Folio. First Edition Engravings with Original Hand Color. $45,000 – 60,000
    <b>Arader Galleries, Mar. 25:</b> Rosate Spoonbill, Plate 321. John James Audubon from <i>Birds of America</i>. Double Elephant Folio. First Edition Engravings with Original Hand Color. $110,000 – 150,000
    <b>Arader Galleries, Mar. 25:</b> American White Pelican, Plate 311. John James Audubon. First Edition Robert Havell Aquatint Engraving with Original Hand Color From <i>Birds of America</i> Double Elephant Folio.<br>$100,000 – 140,000
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> Jaguar, Plate 101. John James Audubon. $12,000 – 16,000
    <b>Arader Galleries, Mar. 25:</b> <i>Birds of Asia</i>. John Gould (1804-1881). London: Taylor and Francis for the Author, 1850-83. $80,000 – 130,000
    <b>Arader Galleries, Mar. 25:</b> <i>The Birds of Europe</i>. John Gould (1804-1881). London: by Richard and John E. Taylor, published by the Author 1832-37. $60,000 – 90,000
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> <i>The Birds of Great Britain</i>. John Gould (1804-1881). London: Taylor and Francis for the author, [1862]-1873.<br>$30,000 - 45,000
    <b>Arader Galleries, Mar. 25:</b> <i>The Natural History of Carolina, Florida and the Bahama Islands</i>. Mark Catesby (1682/83–1749). London: [1729-] 1731-1743 [-1747].<br>$275,000 – 350,000
    <b>Arader Galleries, Mar. 25:</b> <i>Dell’arcano del mare</i> [Books 1-4]. Robert Dudley (1573-1649). Firenze: Francesco Onofri, 1646. $50,000 - 70,000.
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> <i>Cartes Generales de Toutes les Parties du Monde</i>. Nicholas Sanson D’Abbeville (1600-1667). Paris: The Author and Pierre Mariette, 1658 [but 1659]. $20,000 - 30,000
    <b>Arader Galleries, Mar. 25:</b> <i>A Map of the Inhabited Part of Virginia, containing the whole of the Province of Maryland with Part of Pennsylvania, New Jersey and North Carolina.</i> Joshua Fry and Peter Jefferson.<br>$150,000 – 300,000
    <b>Arader Galleries, Mar. 25:</b> <i>Voyage dans l’Interieur de l’Amerique du Nord execute pendant les annees 1832, 1833 et 1834.</i> BODMER, Karl (illustrator) - Prince Maximilian zu Wied-Neuwied. $525,000 – 750,000
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000
  • <b>Forum Auctions: Modern Literature. March 23, 2017</b>
    <b>Forum Auctions, Mar. 23: </b> Childers (Erskine). The Riddle of the Sands, first edition, 1903. £200 – 300
    <b>Forum Auctions, Mar. 23: </b> Kipling (Rudyard). Songs for Youth, first edition, signed by the author, [1924]. £150 – 200
    <b>Forum Auctions, Mar. 23: </b> Lawrence (D.H.). The Paintings of D.H. Lawrence, 1929; and 6 others, Lawrence (7). £150 – 200
    <b>Forum Auctions: Modern Literature. March 23, 2017</b>
    <b>Forum Auctions, Mar. 23: </b> [Plath (Sylvia)] "Victoria Lucas". The Bell Jar, contemporary fiction edition, 1964. £150 – 200
    <b>Forum Auctions, Mar. 23: </b> [Rolfe (Frederick William)] "Baron Corvo". Hadrian the Seventh, A Romance, first edition, first issue, 1904; and 4 others, Corvo (5).<br>£150 – 200
    <b>Forum Auctions, Mar. 23: </b> Rowling (J.K.). The Tales of Beedle the Bard, first edition, signed presentation inscription from the author with holographic sticker, 2008.<br>£500 – 700
    <b>Forum Auctions: Modern Literature. March 23, 2017</b>
    <b>Forum Auctions, Mar. 23: </b> Vonnegut (Kurt). Cat's Cradle, first English edition, 1963. £200 – 300
    <b>Forum Auctions, Mar. 23: </b> Ardizzone (Edward). Tim and Lucy Go To Sea, signed by Edward Ardizonne, 1975; and 4 others from the series, also signed (5). £300 – 400
    <b>Forum Auctions, Mar. 23: </b> Potter (Beatrix). [The Derwentwater Sketchbook], one of 250 copies, 1984. £150 – 200
    <b>Forum Auctions: Modern Literature. March 23, 2017</b>
    <b>Forum Auctions, Mar. 23: </b> Rackham (Arthur, illus.), Wagner (Richard). The Rhinegold & The Valkyrie, first trade edition, 1910. £150 – 200
    <b>Forum Auctions, Mar. 23: </b> Ashendene Press. Specimen Pages of Two Type-Faces Cut for the Ashendene Press, 1933. £150 – 200
    <b>Forum Auctions, Mar. 23: </b> Nonesuch Press. Herodotus. The History..., one of 675 copies, small folio, Nonesuch Press, 1935. £150 – 200
  • <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

Article Search

Archived Articles

Ask Questions