• <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Latin Book of Hours, around 1480.<br>Est: € 30,000
    <b>Ketterer Rare Books, July 6:</b><br>Northern journeys - Collection of around 120 works, 17th-19th century.
    <b>Ketterer Rare Books, July 6:</b><br>J. Joyce, <i>Ulysses,</i> 1922. Est: € 8,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Florilegium, <i>Fleurs du Printemps et de l‘Este,</i> around 1630. Est: € 35,000
    <b>Ketterer Rare Books, July 6:</b><br>T. R. Malthus, <i>An essay on the principle of population,</i> 1798. Est: € 60,000
    <b>Ketterer Rare Books, July 6:</b><br>E. Cerillo, <i>Dipinti murali di Pompei,</i> 1886. Est: € 2,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br><i>Bulla aurea,</i> 1485. Est: € 40,000
    <b>Ketterer Rare Books, July 6:</b><br>A. Verschaffelt, <i>Iconographie des Camellias,</i> 1848-60. Est: € 10,000
    <b>Ketterer Rare Books, July 6:</b><br>M. Duchamp & A. Breton, <i>Le surréalisme en 1947,</i> 1947.<br>Est: € 16,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>H. Schedel, <i>Liber chronicarum,</i> 1493.<br>Est: € 25,000
    <b>Ketterer Rare Books, July 6:</b><br>M. E. Chevreul, <i>De la loi du contraste simultané des couleurs,</i> 1839.<br>Est: € 5,000
    <b>Ketterer Rare Books, July 6:</b><br>F. Léger & P. Éluard, <i>Liberté j‘écris ton nom,</i> 1953. Est: € 15,000
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> Albert Einstein, typed letter signed, explaining the nature of his personal atheism and belief in God. $70,000 to $100,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington. Autograph letter signed to Bryan Fairfax, looking forward to the Treaty of Paris, 5 February 1783. $60,000 to $80,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Alfred Swaine Taylor. Early “photogenic drawing,” photograph of a fern, dated 2 December 1839. $10,000 to $15,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> "Departure of Mr. Lincoln—Parting Address" in the <i>Weekly Illinois State Journal,</i> Vol. XXX, No. 1541, Springfield, February 13, 1861. $4,000 to $6,000
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Harrison document signed certifying the service of Daniel Cumbo, a black Revolutionary soldier. $10,000 to $15,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Front page printing of the Articles of Confederation in the <i>New-Jersey Gazette,</i> Vol. 1, No. 22. Trenton, April 29, 1778. $4,000 to $6,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington Funeral Procession Broadside. Boston, January 6, 1800. $5,000 to $7,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Philippe Laroque, printed score for “The Heroe of New Orleans Battle.” Philadelphia, 1815. $3,000 to $5,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Report of the Battle of Queenston Heights, the first major battle in the War of 1812, in <i>Supplement to the Quebec Gazette,</i> 24th October 1812. $2,000 to $3,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> His Majesty's Most Gracious Speech to both Houses of Parliament, On Tuesday the Eighteenth Day of November, 1760. London, 1760. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Elegy on the Death of James Lawrence, Esq. late Commander of the U.S. Frigate Chesapeake. [Boston]: A. Bowen, 1813. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Lincoln's Commission as Major General, signed by John Hancock, 19 February 1777. $30,000 to $50,000.
  • <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Very scarce autograph letter, signed, by Emily Tennessee Donelson, wife of Andrew Jackson Donelson, who served as First Lady / White House Hostess to President Andrew Jackson from 1828 to about 1834. $1,000 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> Thirteen Edward Wells maps plus title page from his rare atlas, A NEW SET OF MAPS BOTH OF ANCIENT AND PRESENT GEOGRAPHY. $600 to $700.
    <b>Case Antiques, Jul. 11 – 12:</b> L.B. Folger and C. Kallenback: MEMPHIS - BIRD'S EYE VIEW - SUPPLEMENT TO THE APPEAL. Scarce lithograph on paper. $800 to $1,200.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Large NASA-Space Race era archive of material related to Colonel Michael J. Vaccaro, director of administration of the Marshall Space Flight Center of Huntsville, Alabama. $800 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> 1836 slavery related document signed by President Andrew Jackson, Andrew Jackson Jr., and Andrew Jackson Donelson. $800 to $1,100.
    <b>Case Antiques, Jul. 11 – 12:</b> Roger Sherman Signed CT Land Grant, 1757. $600 to $700.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Letter archive related to the Randolph family of Virginia, including Mr. and Mrs. Thomas Jefferson Randolph, Lewis Meriwether Randolph – the grandson of President Jefferson. $400 to $500.
    <b>Case Antiques, Jul. 11 – 12:</b> Louisiana, as formerly claimed by France, now containing part of British America to the East in Spanish America to the West of Mississippi map, by Thomas Kitchin, 1765. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Andrew Jackson manuscript document, unsigned, containing notes on several Tennessee legal cases, including one regarding a slave, circa 1790-96. $350 to $450.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> VA Civil War Photo, Alexander Gardner – Timothy O'Sullivan. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Military Archive, WWI/WWII French Soldier Paul Didier. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Early Virginia Map, B. Tanner, J. Reid, 1796. $300 to $400.

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

  • <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> Acted at the Dukes-Theatre. London: printed for William Cademan, 1673. $60,000 to $90,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> MUYBRIDGE, EADWEARD. Panorama of San Francisco, from California-St. Hill. [San Francisco:] Morse's Gallery, 1877. $15,000 to $25,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> BRUNUS ARETINUS, LEONARDUS. <i>De bello Italico adversus Gothos gesto.</i> Venice: Nicolas Jenson, 1471. $12,000 to $18,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HILL, JOHN. <i>Compleat Body of Gardening.</i> London: printed for T. Osborne; T. Trye; S. Crowder and Co.; and H. Woodgate, 1757. $10,000 to $15,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> GASPAR DE PORTOLA. Document Signed Twice ("Gaspar de Portola," & "M. Portola"), 29 pp, Puebla, Mexico, December 10, 1780. $8,000 to $12,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> VINGTIEME SIECLE. A complete set of the second series of <i>Vingtieme Siecle (XXe Siecle),</i> together with all fourteen special numbers. $8,000 to $12,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROOSEVELT, FRANKLIN DELANO. Autograph Letter Signed ("F.D.R.") as President, Washington, [1941], to Norman Davis, on White House stationery. $6,000 to $8,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HAYEK, FRIEDRICH AUGUST. Autograph Manuscript, "Discipline of Civilisation." $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ADAMS, HANNAH; ADAMS, THOMAS "BOOK". Daubuz, Charles. <i>A Perpetual Commentary On The Revelation Of St. John.</i> London: Printed for Benj. Tooke, 1720. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> EMPEROR NORTON. Photograph signed ("Norton I"), albumen print carte-de-visite. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROBERTS, DAVID. <i>Egypt and Nubia from Drawings Made on the Spot ... with Historical Descriptions by William Brockendon.</i> London: F.G. Moon, 1846-9. $4,000 to $6,000.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.
  • <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>Great Blue Heron,</i> hand-colored aquatint and engraved plate, 1834. $40,000 to $60,000.
    <b>Swann Auction Galleries July 9:</b> Joshua Fry & Peter Jefferson, <i>A Map of the Most Inhabited Part of Virginia,</i> Dalrymple edition, 1755. $12,000 to $18,000.
    <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>The Birds of America,</i> sign & inscribed to Brantz Mayer, 1840-44. $18,000 to $22,000.
    <b>Swann Auction Galleries July 9:</b> Vincenzo Maria Coronelli & Jean Baptiste Nolin, Paris, 1688. $7,000 to $10,000.
    <b>Swann Auction Galleries July 9:</b> Henri Abraham Chatelain, <i>Atlas Historique,</i> 7 volumes, Amsterdam, 1705-1720. $15,000 to $20,000.
    <b>Swann Auction Galleries July 9:</b> Johann Baptist Homann, <i>Atlas Mapparum Geographicarum...,</i> Nuremberg, circa 1750s. $12,000 to $15,000.
    <b>Swann Auction Galleries July 9:</b> Lowell Mason, <i>Musical Exercises for Singing Schools,</i> Boston, 1838. $1,500 to $2,500.
    <b>Swann Auction Galleries July 9:</b> Alexander Wilson, <i>American Ornithology,</i> 9 volumes, Philadelphia, 1808-14. $6,000 to $9,000.

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