• <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
  • <b>Old World Auctions, Apr. 26:</b> Lot 37. Anonymous, <i>[Untitled - Ancient World]</i>, 1553. Est. $20,000 - $23,000
    <b>Old World Auctions, Apr. 26:</b> Lot 45. Cellarius, <i>Haemisphaerium Stellatum Australe</i>, 1708. Est. $2,400 - $3,000
    <b>Old World Auctions, Apr. 26:</b> Lot 51. Kircher, <i>Systema Ideale quo Exprimitur</i>, 1665. Est. $1,600 - $1,900
    <b>Old World Auctions, Apr. 26:</b> Lot 152. David H. Vance, <i>Map of the United States of North America</i>, 1825. Est. $8,000 - $10,000
    <b>Old World Auctions, Apr. 26:</b> Lot 309. Mark Storm, <i>Official Texas Brags Map of North America</i>, 1948. Est. $350 - $425
    <b>Old World Auctions, Apr. 26:</b> Lot 426. B. Crété, <i>Carte Symbolique de l'Europe / Europe en 1914</i>, 1915. Est. $2,000 - $2,300
    <b>Old World Auctions, Apr. 26:</b> Lot 636. Hartmann Schedel, <i>Folio LXIIII - Destruccio Iherosolime</i>, 1493. Est. $1,100 - $1,400
    <b>Old World Auctions, Apr. 26:</b> Lot 649. Heinrich Bunting, <i>Asia Secunda pars Terrae in Forma Pegasi</i>, 1581. Est. $3,000 - $3,750
    <b>Old World Auctions, Apr. 26:</b> Lot 747. Theodore de Bry, <i> [Lot of 22 - Complete Set of De Bry's Virginia Natives]</i>, 1590. Est. $6,000 - $7,000
    <b>Old World Auctions, Apr. 26:</b> Lot 769. Lotter/Lobeck, <i>Atlas Geographicus Portatilis</i>, 1760. Est. $1,900 - $2,200
    <b>Old World Auctions, Apr. 26:</b> Lot 772. Henry Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $1,200 - $1,500
    <b>Old World Auctions, Apr. 26:</b> Lot 777. Marco Coltellini, <i>[3 Volumes] Il Gazzettiere Americano</i>, 1763. Est. $5,500 - $7,000
  • <b>Doyle, Apr. 26:</b>  Lewis Morris Rutherfurd, The Moon, From a Negative taken at the Observatory of Mr. L. M. Rutherfurd...May 19, 1874. Est: $5,000-8,000 (Lot 3)
    <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 (Lot 32)
    <b>Doyle, Apr. 26:</b> Lee Friedlander, Newark, New Jersey, 1962 and Albuquerque, New Mexico, 1972.<br>Est: $7,000-9,000 (Lot 50)
    <b>Doyle, Apr. 26:</b> The  papers of Brevet Major General John Gross Barnard (1815-1882), Chief Engineer of the Army of the Potomac. Est: $75,000-100,000 (Lot 160)
    <b>Doyle, Apr. 26:</b> James Joyce, Dubliners, London: Grant Richards, 1914. First edition. Est: $5,000-8,000 (Lot 362)
    <b>Doyle, Apr. 26:</b> George Sand, Group of five volumes inscribed to Henry Harrisse. Est: $4,000-6,000 (Lot 405)
    <b>Doyle, Apr. 26:</b> Thomas More, Sir, Saint [Utopia]: De optimo reip. statu deque nova insula utopia libellus vere aureus… Basel: Froben, March 1518. First Basel edition. Est: $15,000-25,000 (Lot 308)
    <b>Doyle, Apr. 26:</b> Johannes Brahms, Autograph letter in German signed "Joh. Brahms.” Est: $4,000-6,000 (Lot 285)
    <b>Doyle, Apr. 26:</b> Kelmscott Press, [Guilelmus, of Tyre, Archbishop]. The History of Godefrey of Boloyne. Hammersmith: Kelmscott Press, 1893. Est: $2,000-3,000 (Lot 270)
    <b>Doyle, Apr. 26:</b> Gilles Robert de Vaugondy, Gilles Didier, Atlas universel...Paris: the author and Boudet, 1757[-58]. Est: $10,000 - $15,000  (Lot 222)
    <b>Doyle, Apr. 26:</b> John Keats, Lamia, Isabella, the Eve of Saint Agnes and Other Poems. London: Taylor and Hessey, 1820. First edition. Est: $5,000-7,000 (Lot 399)
    <b>Doyle, Apr. 26:</b> Specimen book of Schumacher & Ettlinge, between 1870-1895. Original roan-backed boards.. Est: $2,000-3,000 (Lot 195)

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>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>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Clemens, Samuel L. <i>The Writings Of Mark Twain.</i> New York And London: Harper & Brothers, 1904to1906. $80,000 to 120,000
    <b>Sotheby’s NY Apr. 24:</b> Biggers, Earl Derr. <i>The House Without a Key</i>. New York: Grosset & Dunlap, 1925. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Bukowski, Charles. Extensively revised typescript of his novel <i>Factotum</i>. [Los Angeles, c. 1973 to 75]. $50,000 to 70,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Dickens, Charles. Autograph quotation from <i>A Christmas Carol</i> signed ("Charles Dickens" With Paraph). $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Fitzgerald, Zelda. A group of paper dolls with costumes, circa 1927. $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Hemingway, Ernest. <i>Men Without Women</i>. New York: Charles Scribner's Sons, 1928. $25,000 to 35,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Lawrence, T. E. Autograph letter signed ("TE Shaw") completing the order for George VII — The Brough Superior motorcycle on which he was killed. $5,000 to 7,000
    <b>Sotheby’s NY Apr. 24:</b> Steadman, Ralph. "Somewhere Around Barstow". $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Jones, Robert Tyre ("Bobby"), and O. B. Keeler. <i>Down The Fairway: The Golf Life And Play Of Robert T. Jones, Jr.</i> New York: Minton, Balch, 1927. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Ruth, George Herman ("Babe"). <i>Babe Ruth's Own Book Of Baseball</i>. New York & London: G. P. Putnam's Sons, 1928. $8,000 to 12,000
  • <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Ernest Hemingway, Autograph Letter Signed "Love / Mr. Papa," to Marlene Dietrich, Cuba, 1952. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4:</b> Alexis de Tocqueville, Autograph Letter Signed, on the publication of <i> Democracy in America </i>, 1837. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Hart Benton, Autograph Manuscript, draft of <i>The Mechanics of Form Organization in Painting</i>, with sketches, 1926. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Elliot Erwitt, photograph of Kennedy & Eisenhower, signed by both,<br>c. 1960. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> John Adams, Partly-printed Document Signed, as President, countersigned by Secretary of State Timothy Pickering, 1798. $4,000 to $6,000. 
    <b>Swann Auction Galleries May 4:</b> Graphite drawing of Albert Einstein, signed by him & the artist, S.N. Swamy, 1950. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Pyotr Ilyich Tchaikovsky, Autograph Musical Quotation Signed, London, 1888. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Jefferson, Partly-printed vellum Document Signed, as President, countersigned by Secretary of State James Madison, 1809. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Agatha Christie, Autograph Manuscript notebook with early drafts for numerous novels, Baghdad, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Claude Monet, Autograph Letter Signed to Desmond Fitzgerald, in French, 1889. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Photograph of Fidel Castro, Signed & Inscribed, in Spanish, 1955. $3,500 to $5,000.
    <b>Swann Auction Galleries May 4:</b> Frederick Stuart Church, archive of 17 illustrated Autograph Letters Signed to Evander Schley, 1905-11. $5,000 to $7,500.
  • <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

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