• <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [CIVIL WAR] -- [SHERIDAN, Philip Henry]. Personal headquarters flag of Philip Henry Sheridan used when he led the 2nd Michigan Cavalry. Spring - Summer 1862. $20,000 to $30,000.
    <b>Cowan’s, June 25:</b> [EARLY PHOTOGRAPHY]. Half plate daguerreotype of firefighter Walter Van Erven Dorens. [San Francisco]: n.p., [ca 1854-1856]. $15,000 to $25,000.
    <b>Cowan’s, June 25:</b> [LINCOLNIANA]. Abraham Lincoln banner possibly made for the 1864 presidential campaign. $10,000 to $15,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [REVOLUTIONARY WAR - CONTINENTAL CONGRESS]. [HOLTEN, Dr. Samuel]. An archive of letters related to Danvers, Massachusetts, physician and statesman Dr. Samuel Holten. $10,000 to $15,000.
    <b>Cowan’s, June 25:</b> [UNION PACIFIC RAILROAD]. CARBUTT, John, photographer. Exceptional collection of 27 stereoviews from the series, "Excursion to the 100th Meridian, October 1866." Chicago, [1866]. $10,000 to $15,000.
    <b>Cowan’s, June 25:</b> [ALASKAN GOLD RUSH]. William Steele West and family, extensive archive of photographs, diaries, correspondence, and personal items. [Ca 19th - 20th century]. $8,000 to $12,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [TAYLOR, Zachary]. Quarter plate daguerreotype featuring the 12th President of the United States. N.p.: n.p., [ca 1845]. $8,000 to $10,000.
    <b>Cowan’s, June 25:</b> [WASHINGTON, George]. Signed Society of the Cincinnati document. $5,000 to $7,000.
    <b>Cowan’s, June 25:</b> LINCOLN, Abraham. Autograph endorsement signed ("A. Lincoln"), as President. [Washington], 29 September 1862. 1 page, 4to, old creases. $5,000 to $7,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> JEFFERSON, Thomas. Autograph letter signed ("Th. Jefferson"), as United States President, to Robert Patterson. Washington DC, 2 July 1805. 1 page, 4to, evenly toned, small tear from seal. $4,000 to $6,000.
    <b>Cowan’s, June 25:</b> [EARLY PHOTOGRAPHY] -- [ALCOTT, Elizabeth Sewall]. Ninth plate ruby ambrotype attributed to Elizabeth Sewall Alcott. N.p., [ca 1856-1857]. $3,000 to $5,000.
    <b>Cowan’s, June 25:</b> [WESTERN AMERICANA]. RUSSELL, Andrew Joseph, photographer. <i>Salt Lake City, From the Top of the Tabernacle.</i> [1869]
  • <b><center>Sotheby’s<br>Livres et Manuscrits :<br>de Cervantès à Houellebecq<br>18 – 25 June</b>
    <b>Sotheby’s, 18 – 25 June:</b> Jouve, Paul -- François-Louis Schmied -- Rudyard Kipling. <i>Le Livre de la Jungle,</i> 1919.<br>€ 80,000 to € 120,000.
    <b>Sotheby’s, 18 – 25 June:</b> Cervantès Saavedra, Miguel de. <i>El ingenioso hidalgo Don Quixote de la Mancha.</i> Bruxelles, 1607.<br>€ 30,000 to € 50,000.
    <b>Sotheby’s, 18 – 25 June:</b> Buren, Daniel - Aimé Césaire. Cahier d'un retour au pays natal. Solstice, 2004. 1/140 ex. Avec 1/20 suites d'œuvres originales.<br>€ 4,000 to € 6,000.
    <b>Sotheby’s, 18 – 25 June:</b> [Musique] - Gioacchino Traversa. Six sonates à violon seul. [Vers 1770].<br>€ 3,000 to € 5,000.
  • <b>Swann Auction Galleries Jun 24:</b> C.F. Payne, <i>Micawber, Imitating Norman Rockwell’s “Triple self-portrait,”</i> mixed media, 2002. $800 to $1,200.
    <b>Swann Auction Galleries Jun 24:</b> Brian Froud, media illustration published in <i>The Land of Froud,</i> 1977. Estimate $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Haddon Sundblom, <i>All a Girl Needs,</i> oil on canvas, published in <i>The Ladies’ Home Journal,</i> 1942. $8,000 to $10,000.
    <b>Swann Auction Galleries Jun 24:</b> Adrianne Lobel, <i>My One and Only,</i> 26 scenic concept collages for the Broadway musical, 1983. $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Charles Schulz, original four-panel pen and ink <i>Peanuts</i> comic strip, 1971. $15,000 to $25,000.
    <b>Swann Auction Galleries Jun 24:</b>Jack Davis, mixed media cartoon for <i>Playboy,</i> 1959. $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Charles Addams, mixed media cartoon for <i>The New Yorker,</i> 1937. $6,000 to $9,000.
  • <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Tolomeo, Claudio. <i>Cosmographia.</i> Ulma, Lienhart Holle, 16.07.1482.<br>€ 50.000+
    <b>Aste Bolaffi, June 22:</b> Hondius, Henricus, & Johannes Janssonius. <i>Atlas novus, sive descriptio geographica totius orbis terrarum.</i> Amsterdam, Hondius-Janssonius, 1638. €30.000+
    <b>Aste Bolaffi, June 22:</b> Castiglione, Baldassarre. <i>Il libro del cortegiano del conte Baldesar Castiglione.</i> Venice, eredi di Aldo, 1528. € 14.000+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Bayer, Johann. <i>Uranometria, omnium asterismorum continens schemata, nova methodo delineata, aereis laminis expressa.</i> Augusta, Christoph Mang, 1603.<br>€ 12.000+
    <b>Aste Bolaffi, June 22:</b> [Astronomy]. <i>[Scriptores Astronomici veteres].</i> Venezia, Aldo Manuzio, 1499.<br> € 7.000+
    <b>Aste Bolaffi, June 22:</b> Aristophanes. <i>Aristofanous Komoidiai ennea. Aristophanis Comoediae novem.</i> Venice, Aldo Manuzio, 1498. € 7.000+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Herodotus. <i>Hirodotou logoi ennea [...] Herodoti libri novem quibus musarum indita sunt nomina.</i> Venice, Aldo Manuzio, 1502. € 7.000+
    <b>Aste Bolaffi, June 22:</b> Tory, Geoffroy. <i>L’art & science de la vraye proportion des lettres attiques, ou antiques.</i> Paris, Vincent Gaultherot, 1549. € 5.000+
    <b>Aste Bolaffi, June 22:</b> Caterina da Siena. <i>Epistole devotissime de sancta Catharina da Siena.</i> Venice, Aldo Manuzio, 1500. € 4.500+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> [Chess]. Gianuzio della Manzia, Orazio. <i>Libro nel quale si tratta della maniera di giuocar' a scacchi con alcuni sottilissimi partiti.</i> Torino, Antonio Bianchi, 1597. € 3.000+
    <b>Aste Bolaffi, June 22:</b> Newton, Isaac. <i>Philosophiae naturalis principia mathematica.</i> Amsterdam, Compagnie di Amsterdam, 1714. €2.500+
    <b>Aste Bolaffi, June 22:</b> [Turkish Empire]. Ramberti, Benedetto. <i>Libri tre delle cose de Turchi.</i> Venice, eredi di Aldo, 1539. €1.500+

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>Galleri Bygdoy Allé<br>Sales Exhibition Catalogue 47<br>Part III<br>Antiquarian Temptations:<br>Rare Books, Atlases & Maps,<br>Photos & Manuscripts</b>
    <b>Galleri Bygdoy Allé:</b> PIETER MORTIER. “Le Neptune Francois ou Atlas Nouveau des Cartes Marines. Levées et Gravées par ordre Exprés du Roy…” Paris, 1693.
    <b>Galleri Bygdoy Allé:</b> MARC CHAGALL illus. SHAKESPEARE. “The Tempest.” Large folio. Monte-Carlo, 1975. Signed by the artist.
    <b>Galleri Bygdoy Allé:</b> JOHN SPEED and followers. “A New and Accurate Map of the World.” Hand-colored engraving. London (1626 – 1627 – circa 1650) – 1676.
    <center><b>Galleri Bygdoy Allé<br>Sales Exhibition Catalogue 47<br>Part III<br>Antiquarian Temptations:<br>Rare Books, Atlases & Maps,<br>Photos & Manuscripts</b>
    <b>Galleri Bygdoy Allé:</b> MATTHÄUS SEUTTER. “The Colossus Series.” Set of 4 prints, contemporary hand-colored engravings, each c. 57x49cm. Augsburg c. 1730
    <b>Galleri Bygdoy Allé:</b> (CHARLES LE BRUN). “La Grande Galerie De Versailles, et Les Deux Salons qui L’Accompagnent, peints Par Charles Le Brun premier Peintre de Louis XIV…” Paris, 1752.
    <b>Galleri Bygdoy Allé:</b> G. BRAUN – F. HOGENBERG. “Danorum Marca.” Contemporary hand-colored engraving, 33x48cm. Cologne, 1588.
  • <b>Bonhams, June 29:</b> LIFE OF OSLER, PRESENTATION COPY TO NEPHEW NORMAN GWYN. CUSHING, HARVEY. 1869-1939. <i>The Life of Sir William Osler.</i> Oxford: Oxford University Press, 1925. $1,500 to $2,500.
    <b>Bonhams, June 29:</b> OSLER TO HALSTED MENTIONING CUSHING AND WELCH. Autograph Letter Signed ("Wm Osler") to William Stewart Halsted on medical matters, 2 pp, January 19, 1919. $1,500 to $2,500.
    <b>Bonhams, June 29:</b> CUSHING PRESENTATION COPY TO LUCIEN PRICE. CUSHING, HARVEY. <i>Intracranial Tumours.</i> Springfield, 1932. $1,000 to $1,500.
    <b>Bonhams, June 29:</b> OSLER ON HIS CHILDHOOD. Autograph Letter Signed ("Wm Osler") to Mabel [Brewster] on returning home to Staplehurst. $800 to $1,200.
    <b>Bonhams, June 29:</b> SCULTETUS, JOHANNES. 1595-1645. <i>Cheiroplotheke, seu armamentarium chirurgicum XLIII.</i> Ulm: Balthasar Kühnen, 1655. $3,000 to $4,000.
    <b>Bonhams, June 29:</b> VICQ D'AZYR, FELIX. 1748-1794. <i>Traite d'anatomie et de physiologie.</i> Paris: Didot l'aine, 1786. $3,000 to $5,000.
    <b>Bonhams, June 29:</b> TAGAULT, JEAN. C.1499-1546. <i>De chirugica institutione libri quinque....</i> Lyon: Guillaume Rouillé, 1549. $400 to $600.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). Autograph Logs and Journals from his 1927 Alaska Expedition. $7,000 to $ 9,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). Cañon de Chelley, 1904. Oversized orotone, 17 x 22in in original Curtis Studio frame. $30,000 to $50,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). 26 cyanotypes, featuring images of Cheyenne tribes from Volume VI of <i>North American Indian,</i> c.1907, made by Curtis in the field. $30,000 to $50,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). The Vanishing Race, 1904. Oversized orotone, 18 x 24in in original Curtis Studio frame. $20,000 to $30,000.
  • <b><center>Doyle<br>Fine Literature<br>Online Auction<br>June 8 to June 22</b>
    <b>Doyle, Fine Literature:</b> CALDWELL, ERSKINE. <i>Tobacco Road,</i> First Edition. $3,000 to $5,000.
    <b>Doyle, Fine Literature:</b> ELIOT, GEORGE. <i>Middlemarch: A Study of Provincial Life.</i> Edinburgh & London: William Blackwood and Sons, 1871-72. First edition in book form. $1,000 to $1,500.
    <b>Doyle, Fine Literature:</b> BYRON, GEORGE GORDON NOEL, LORD. <i>Don Juan.</i> London: the Thomas Davison; John Hunt; John and H.L. Hunt, 1819-24. First edition. $4,000 to $6,000.
    <b>Doyle, Fine Literature:</b> [BURNEY, FRANCES]. <i>Evelina, Or, A Young Lady's Entrance into the World.</i> London: T. Lowndes, 1778. First edition. $2,000 to $3,000.
    <b><center>Doyle<br>Fine Literature<br>Online Auction<br>June 8 to June 22</b>
    <b>Doyle, Fine Literature:</b> SHEPARD, ERNEST H. Colored drawing of Winnie-the-Pooh and Piglet, in an autograph letter signed by Shepard. Dated February 29th, 1932. $15,000 to $25,000.
    <b>Doyle, Fine Literature:</b> CARROLL, LEWIS (CHARLES LUTWIDGE DODGSON). <i>The Nursery "Alice".</i> London: MacMillan, 1890. Second (first published) edition. $7,000 to $10,000.
    <b>Doyle, Fine Literature:</b> DANA, RICHARD HENRY, Jr. <i>Two Years Before the Mast.</i> New York, 1840. First edition with an autograph letter signed by Dana laid-in. $2,500 to $3,500.
    <b>Doyle, Fine Literature:</b> FINE BINDING-RIVIERE] HAZLITT, WILLIAM. <i>Liber Amoris: or, the New Pygmalion.</i> London: John Hunt, 1823. First edition. $3,000 to $5,000.

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