• <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> THOREAU, HENRY DAVID. <i> Walden: or, Life in the Woods.</i> Boston: Ticknor and Fields, 1854. $15,000 to $20,000
    <b>Sotheby’s Online, June 21:</b> BUKOWSKI, CHARLES. Archive of Correspondence Addressed to Kay "Kaja" Johnson, Los Angeles, California: July – November 1961. $20,000 to $30,000
    <b>Sotheby’s Online, June 21:</b> DICKENS, CHARLES, AND GEORGE CRUIKSHANK [ILLUSTRATOR]. Unpublished autograph letter signed, to Cruikshank, completed on the artist's proof, related to the publication of The Pic-Nic Papers. $7,000 to $10,000
    <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> FEYNMAN, RICHARD. <i>"Surely You’re Joking Mr. Feynman!" Adventures of a Curious Character.</i> As Told to Ralph Leighton. New York: W.W. Norton & Co., 1985. $12,000 to $18,000
    <b>Sotheby’s Online, June 21:</b> GERSHWIN, GEORGE. Autograph music manuscript of "Leavin’ for de Promise’ Lan’" from the opera Porgy and Bess, Act One Scene Two. $25,000 to $35,000
    <b>Sotheby’s Online, June 21:</b> LINCOLN, ABRAHAM. Document signed ("Abraham Lincoln") as sixteenth president, being a military commission for Rufus H. Johnson. $8,000 to $10,000
  • <b>Fonsie Mealy Auctioneers: Rare Book & Collectible Sale. June 18, 2019</b>
    <b>Fonsie Mealy Auctioneers, June 18:</b> Joyce (James). <i>Ulysses.</i> Shakespeare and Company, Paris 1922, First Edition, No. 30 of 100 copies. Signed by Joyce and printed on fine Dutch handmade paper. €70,000 to €90,000
    <b>Fonsie Mealy Auctioneers, June 18:</b><br>A very important collection of accounts, draft statements, ledgers etc., from the archive of Domhnall Ua Conchubhair [O’Connor] [1872-1935]. €15,000 to €20,000
    <b>Fonsie Mealy Auctioneers, June 18:</b> Joyce (James). <i>De Honni-Soit a Mal-y-Chance.</i> Mesures, 15 Janvier 1936. [French translation of Joyce’s essay from a banned writer to a banned signer, a tribute to John Sullivan]. €7,000 to €10,000
    <b>Fonsie Mealy Auctioneers: Rare Book & Collectible Sale. June 18, 2019</b>
    <b>Fonsie Mealy Auctioneers, June 18:</b> Joyce (James). <i>Finnegans Wake,</i> 8vo L. (Faber & Faber) 1939, Signed and Limited 21 (450) Copies. €1,500 to €2,000
    <b>Fonsie Mealy Auctioneers, June 18:</b> Swift (Jonathan). <i>The Works of J.S. D.D.,</i> D.S.P.D., Vol. I – Vol. XVIII, together 18 vols. Faulkner’s Edition of Swift – Lord Orrery’s Copy. €1,000 to €1,500
    <b>Fonsie Mealy Auctioneers, June 18:</b> Eyzinger (Michael). <i>Ad Leonis Belgici Topographicam atque Historicam Descriptionem,</i> 2 vols.in one, [Cologne] 1586. Excessively rare 16th century work with 162 double page engravings. €1,000 to €1,500
    <b>Fonsie Mealy Auctioneers: Rare Book & Collectible Sale. June 18, 2019</b>
    <b>Fonsie Mealy Auctioneers, June 18:</b> Yeats (W.B.). <i>The Dublin University Review,</i> issue for June 1886, containing the first printing of Yeats’ poem “Mosada” at pp. 473-483. €800 to €1,200
    <b>Fonsie Mealy Auctioneers, June 18:</b> Heaney (Seamus) & O’Neill (T.) <i>Columcille The Scribe,</i> Single m/ss on vellum, R.I.A. 2004, #95 (of 100) copies. €800 to €1,000
    <b>Fonsie Mealy Auctioneers, June 18:</b> Bonaparte (Napoleon). A French Republic Brevet (Republique Francaise) Department of War manuscript and printed document appointing Gaspard Bourves to Captain. Signed. €600 to €700
    <b>Fonsie Mealy Auctioneers: Rare Book & Collectible Sale. June 18, 2019</b>
    <b>Fonsie Mealy Auctioneers, June 18:</b> Irish Broadsides Ballads: A folio Album containing approx. 70 Dublin printed broadside ballads, mostly by Brereton, Lr. Exchange St., and with wd. cut illus. at head. €400 to €600
    <b>Fonsie Mealy Auctioneers, June 18:</b> Anon. <i>The State of Irish Affairs, For the Honourable Members of the Houses of Parliament…</i>. 4to Lond. (G. Miller) 1645. €300 to €400
    <b>Fonsie Mealy Auctioneers, June 18:</b> [Graham (Doctor James)]. <i>A Lecture on the Generation Increase and Improvement of the Human Species…</i>, 8vo L. (M. Smith) [c. 1784]. €200 to €300
  • <b>Swann Auction Galleries June 20:</b> NYC pride parade photos by Hank O’Neal, annotated on verso by Allen Ginsberg, 1970s. Pictured is Marsha P. Johnson. $70,000 to $100,000.
    <b>Swann Auction Galleries June 20:</b> David Wojnarowicz, <i>Neon Dancer,</i> postcard signed to Jim Fouratt, 1982. $5,000 to $8,000.
    <b>Swann Auction Galleries June 20:</b> Personal papers of Candy Darling, New York, circa 1950s-1973. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Walt Whitman, <i>Memoranda of the War,</i> Remembrance Copy, inscribed to Peter Doyle, from “the author with his love,” Camden, 1875-76. $50,000 to $75,000.
    <b>Swann Auction Galleries June 20:</b> Oscar Wilde, <i>The Importance of Being Earnest, A Trivial Comedy for Serious People,</i> first edition, signed, London, 1899. $50,000 to $70,000.
    <b>Swann Auction Galleries June 20:</b> James Baldwin, <i>Giovanni’s Room,</i> first edition, presentation copy, New York, 1956. $1,800 to $2,500.
    <b>Swann Auction Galleries June 20:</b> JEB (Joan E. Biren), <i>Ginger and Catherine,</i> silver print, 1972. $700 to $1,000.
    <b>Swann Auction Galleries June 20:</b> Su Negrin, <i>Gay Liberation,</i> photograph by Peter Hujar, poster published by Times Change Press, 1970. $400 to $600.
    <b>Swann Auction Galleries June 20:</b> Harvey Milk, Autograph Letter Signed, as acting Mayor of San Francisco, March 7, 1978. $4,000 to $6,000.
    <b>Swann Auction Galleries May 23:</b> Lester Beall, <i>Rural Electrification Administration,</i> 1939. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Gerda Wegener, <i>Two Women in a Window,</i> watercolor, chalk & wash, circa 1920. $15,000 to $25,000.
    <b>Swann Auction Galleries June 20:</b> Jean Cocteau, original sketchbook, <i>Le Mystère et Antigone,</i> including sketches of his lover Jean Desbordes, 1932. $30,000 to $40,000.
    <b>Swann Auction Galleries June 20:</b> Djuna Barnes, <i>Ladies Almanack . . . Written & Illustrated by A Lady of Fashion,</i> limited edition, signed & inscribed to her literary executor, 1928. $10,000 to $15,000.
  • <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson: Online-Only Auction. Now through June 18</b>
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson:</b> MYERS, ARTHUR B.[OWEN] R.[ICHARDS] Life with the Hamran Arabs... $500 to $800
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson:</b> LYELL, D. D. Nyasaland for the Hunter and Settler. $600 to $800
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson:</b> JOHNSON, ISAAC CHARLES Sport on the Blue Nile… $600 to $900
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson: Online-Only Auction. Now through June 18</b>
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson:</b> BETHELL, ALFRED J. Notes on South African Hunting and Notes on a Ride to the Victoria Falls… $600 to $900
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold “Jake” Johnson:</b> BISHOP, B. F. Game & Visitor's Book. $500 to $800
    <b>Doyle, Travel & Sport in Africa from the Library of Arnold "Jake" Johnson:</b> BYRON, EDMUND What We Did in South Africa in 1873. $600 to $900

Rare Book Monthly

Articles - February - 2016 Issue

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

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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

  • <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Cook, James. <i>A Voyage towards the South Pole,</i> 1st edition, 1777. Presentation copy to James Furneaux. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Mathews, Gregory M. <i>The Birds of Australia,</i> 13 volumes, 1st edition, 1910-27. A fine set, with 600 hand-coloured lithographs. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Shelley, George Ernest. <i>Monograph of the Nectariniidae,</i> 1st edition, 1876-80. With 121 hand-coloured lithographic plates by Keulemans. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Nostradamus, Michel de. <i>The True Prophecies or Prognostications,</i> 1st edition in English, 1672. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Collodi, Carlo. <i>Le Avventure di Pinocchio,</i> 1st edition, 1883. Original cloth. £6,000 to £8,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Kelmscott Press. <i>The Life and Death of Jason,</i> 1895. One of 200 copies on paper. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Ambler, Eric. <i>Uncommon Danger,</i> 1st edition, 1937. With the dust jacket. £1,500 to £2,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Huxley, Aldous. <i>Crome Yellow,</i> 1st edition, 1921. Rare in the dust jacket. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Isherwood, Christopher. <i>Goodbye to Berlin,</i> 1st edition, 1939. With the dust jacket, £1,000 to £1,500
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Lewis, C. S. Autograph letter signed to Charles Jasper Sisson (1885-1966), 1937. £1,000 to £1,500
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Tolkien, J. R. R. <i>The Lord of the Rings,</i> 1956-7. Signed by Tolkien in each volume. £7,000 to £10,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Wells, H. G. <i>The War of the Worlds,</i> 1st edition, 1898. Inscribed by Wells with autograph self-portrait. £3,000 to £5,000
  • <b>Bonhams, Jun 13:</b> Darwin, Charles. <i>On the Origin of Species.</i> Presentation Copy. Very Fine. $200,000 to $300,000
    <b>Bonhams, Jun 13:</b> Darwin, Charles. Autograph Letter Signed, 3 pp, negotiating the 2nd American edition with Appleton $20,000 to $30,000
    <b>Bonhams, Jun 13:</b> Hemingway, Ernest. Autograph Letter Signed, 8 pp, Paris, 1924, to his father discussing Bullfighting, Stories, and his new baby. $20,000 to $30,000
    <b>Bonhams, Jun 13:</b> Shakespeare, William. <i>Corialanus.</i> London, 1623. 1st printing [Extracted from the First Folio]. $40,000 to $60,000
    <b>Bonhams, Jun 13:</b> Swift, Jonathan. <i>Gulliver's Travels.</i> London, 1726. 1st edition, Teerink's A edition, fine, large copy. $15,000 to $25,000
    <b>Bonhams, Jun 13:</b> Neill, John R. Pen-and-ink drawing from Oz, "He raised his gun, took aim and fired," $6,000 to $8,000
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>June 13 - New York</b>
    <b>Bonhams, Jun 13:</b> Shakespeare, William. <i>Sonnets.</i> 1901. 2 volumes. Printed on vellum and illuminated by Ross Turner, bound by Trautz-Bauzonnet. $8,000 to $12,000
    <b>Bonhams, Jun 13:</b> Thompson, Kay. <i>Eloise at Christmastime.</i> New York: Random House, [1958]. First edition. In custom binding by Asprey. $3,000 to $5,000
    <b>Bonhams, Jun 13:</b> Beardsley, Aubrey. <i>The Birth, Life, and Acts of King Arthur.</i> 1893-94. 2 volumes. Contemporary painted vellum gilt by Chivers. $2,000 to $3,000
    <b>Bonhams, Jun 13:</b> Assisi, St. Francis. <i>The Canticle of Brother Sun.</i> Illuminated on vellum, for the Grolier Society. $7,000 to $9,000
    <b>Bonhams, Jun 13:</b> Taylor, Deems. <i>Walt Disney’s Fantasia.</i> New York: 1940. In custom binding by Asprey. $3,000 to $5,000
    <b>Bonhams, Jun 13:</b> Proust, Marcel. <i>Du coté de chez Swann.</i> 1st edition, 1st issue. Inscribed by Proust. $5,000 to $7,000
    <b>Bonhams, Jun 13:</b> Rackham, Arthur. <i>Peter Pan in Kensington Gardens.</i> 1/500 copies signed by Rackham. $1,500 to $2,500

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