• <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Chagall (Marc). <i>Cirque,</i> one of 270 copies on Arches signed by the artist, 38 lithographs, 23 colour, Paris, Tériade Éditeur, 1967. £100,000 to £150,000.
    <b>Forum Auctions, Sep. 25:</b> Sangorski (Alberto).- Poe (Edgar Allan). <i>Annabel Lee and Other Poems,</i> illuminated manuscript in gold and colours, bound in turquoise morocco tooled in gilt and inlaid with 35 jewels, [c.1928]. £50,000 to £70,000.
    <b>Forum Auctions, Sep. 25:</b> Darwin (Charles) and Alfred R. Wallace. “On the Tendency of Species to form Varieties...,” contained in <i>Journal of the Proceedings of the Linnean Society,</i> 1859. £12,000 to £18,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Ornament.- Basque metalwork.- Zuloaga (Eusebio) and Workshop. Collection of twenty-three original ornament designs for damascening, [19th century]. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 25:</b> Arms and Armour.- Rugendas.- <i>Der Harnisch Von Seinem Entstehen Bis Zu Seinem Wiedervergehen In Bildern Dargestelt Und Gezeichnet,</i> [1714 and later]. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Webster (John). <i>A Monumental Columne, erected to the liuing memory of the euer-glorious Henry, late Prince of Wales,</i> rare first edition, Printed by N[icholas]. O[kes]. for William Welby, 1613. £6,000 to £8,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Donne (John). <i>Poems, by J.D. with elegies on the Authors Death,</i> first edition, Printed by M[iles]. F[lesher]. for Iohn Marriot, 1633. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Brangwyn (Frank). <i>Venice,</i> oil on canvas, [c. 1908]. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 25:</b> Sewell (Anna). <i>Black Beauty: his Grooms and Companions. The Autobiography of a Horse,</i> first edition, original cloth, [1877]. £3,000 to £4,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Gray (John Edward). <i>Gleanings from the Knowsley Menagerie and Aviary at Knowsley Hall,</i> first edition, one of c.100 copies privately printed for the author, 1850. £3,000 to £4,000.
    <b>Forum Auctions, Sep. 25:</b> George III (King). Warrant signed "George R" for the payment of £60,634 granted for the North American Provinces to the Province of Massachusetts Bay, D.s., manuscript, [c. 1761-62]. £2,000 to £2,500.
    <b>Forum Auctions, Sep. 25:</b> Mecca, Medina & Damascus.- 2 manuscript plans of Mecca and El Medinah and a map of Damascus, 3 detailed pen and ink drawings with 3pp. of manuscript notes, [late 19th century]. £1,000 to £1,500.
  • <b>Swann Auction Galleries Sep 24:</b> John Richard, sketchbook kept by soldier-artist during last months of Civil War, 55 drawings, 1865. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 24:</b> Guest register for Catskill Mountain House, with signatures of many notable guests, 1839-43, 1846-52. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 24:</b> Manuscript confirmation of arms & nobility, Esquivel y Vargas family, Salvatierra, Guanajuato, Mexico, 1731. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 24:</b> Elizabeth Shoumatoff, 3 watercolor studies for famous “Unfinished Portrait” of FDR, 1945. $40,000 to $60,000.
    <b>Swann Auction Galleries Sep 24:</b><br><i>Sa Ga Yean Qua Rash Tow, Coning Vande Maquas alias Coning Brant,</i> engraving by Pieter Schenck, Netherlands, c.1710s. $3,000 to $4,000.
    <b>Swann Auction Galleries Sep 24:</b> Stamp from the Stamp Act of 1765, embossed, “II Shillings VI Pence.” $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 24:</b><br><i>The Law of God,</i> five volumes, first edition, first Jewish translation of the Pentateuch into English, 1845-46. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 24:</b> Diary of James W. Bentley, a cavalry officer protecting settlers on the Overland Trail, 1865. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 24:</b> Pedro de Arenas, <i>Vocabulario manual de las lenguas castellana y mexicana,</i> complete first edition, Mexico, 1611. $12,000 to $18,000.
  • <center><b>Leland Little Auctions<br>The Important Fall Auction<br>September 19, 2020</b>
    <b>Leland Little, Sep. 19:</b> <i>Bull City Summer Portfolio</i> (Complete Portfolio of 15 Photographs by Alec Soth, Hank Willis Thomas, and Hiroshi Watanabe). $8,000 to $12,000.
    <b>Leland Little, Sep. 19:</b> Krishna Reddy (Indian, 1925-2018), <i>Three Graces.</i> Mixed color intaglio print on paper, 1958, pencil signed. $2,000 to $4,000.
    <b>Leland Little, Sep. 19:</b> after Georges Braque (French, 1882–1963), <i>Hommage à J. S. Bach.</i> Etching and aquatint in colors, 1950, pencil signed and numbered 277/300. $2,000 to $4,000.
    <center><b>Leland Little Auctions<br>The Important Fall Auction<br>September 19, 2020</b>
    <b>Leland Little, Sep. 19:</b> Heller, Joseph. <i>Catch-22,</i> First Edition (New York Simon & Schuster, Inc., 1961). $500 to $1,000.
    <b>Leland Little, Sep. 19:</b> Rey, Margaret & H. A. <i>Curious George Goes to the Hospital,</i> First Edition. (Boston: Houghton Mifflin Company, 1966). $500 to $1,000.
    <b>Leland Little, Sep. 19:</b> Large 1754 Map of St. Croix, Dutch West Indies by Jens Michelsen Beck. Sheet 21.25 x 31.75 in.; DOA 31.25 x 41.25 in. $300 to $600.
  • <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> DARWIN, Charles Robert. <i>On the Origin of Species by Means of Natural Selection.</i> London: W. Clowes and Sons for John Murray, 1859. [With] autograph note signed. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> [FINE PRESS & LIVRE D'ARTISTE]. -- [KELMSCOTT PRESS]. CHAUCER, Geoffrey. <i>The Works ... now newly imprinted.</i> Edited by F.S. Ellis. Hammersmith: Kelmscott Press, 1896. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> LAWRENCE, Thomas Edward. <i>Seven Pillars of Wisdom, a triumph.</i> [London: Privately Printed], 1926. $60,000 to $80,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> SHAKESPEARE, William. <i>Mr. William Shakespear's Comedies, Histories, and Tragedies…</i> London, Printed for H. Herringman, E. Brewster, R. Chiswell, and R. Bentley, 1685. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> AUDUBON, John James. <i>The Birds of America…</i> [1839-] 1840-1844. -- AUDUBON, John James and John BACHMAN. <i>The Quadrupeds of North America.</i> 1849-1854. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> OGILBY, John, trans. [MONTANUS, Arnoldus]. <i>America: being the latest, and most Accurate Description of the New World…</i> London: Printed by the Author, 1671. $30,000 to $40,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> HOBBES, Thomas. <i>Leviathan, or The Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill.</i> London: printed for Andrew Crooke, 1651. $20,000 to $30,000.
    <b>Hindman Auctions, Oct. 8:</b> BLACKWELL, Elizabeth. <i>A Curious Herbal, containing Five Hundred Cuts of the most useful Plant which are now used in the Practice of Physick…</i> London: John Nourse, 1739. $15,000 to $20,000.
    <b>Hindman Auctions, Oct. 8:</b> MILTON, John. <i>Paradise Lost.</i> London: Printed by S. Simmons ... to be sold by T. Helder, 1669. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> MALCOLM X. Typed letter signed ("Malcolm X"), to Alex Haley. Cairo, Egypt, 18 September 1964. " 1 page, 8vo. $6,000 to $8,000.
    <b>Hindman Auctions, Oct. 8:</b> TOLKIEN, John Ronald Reuel. Autograph letter signed (“JRRT”). To George Sayer, Oxford, 7 August 1952. 2 pages, 8vo, creased; morocco folding case. $4,000 to $6,000.
    <b>Hindman Auctions, Oct. 8:</b> WRIGHT, Frank Lloyd. Autograph manuscript signed ("Frank Lloyd Wright"), entitled "To the Countryside." N.p. [Taliesin?], [June 1926]. 2 pages, 4to, creased. $4,000 to $6,000.

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>Forum Auctions<br>A further selection of<br>16th and 17th century English books from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Locke (John). <i>An Essay Concerning Humane Understanding in Four Books,</i> first edition, second issue, 1690. £12,000 to £18,000.
    <b>Forum Auctions, Sep. 24:</b> Plutarch. <i>The lives of the noble Grecians and Romanes, compared together by that graue learned philosopher and historiographer, Plutarke of Chæronea,</i> first edition of this translation, 1579. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 24:</b> [Allott (Robert, editor)]. <i>Wits Theater of the little World,</i> first edition, 1599. £5,000 to £7,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Execution of Quakers in Boston.- Stephenson (Marmaduke). <i>A Call from Death to Life,</i> first edition, 1660. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 24:</b> Boyle (Robert). <i>The sceptical chymist: or Chymico-physical doubts & paradoxes…,</i> 2 parts in 1 vol., second edition, 1680. £3,500 to £4,500.
    <b>Forum Auctions, Sep. 24:</b> Atlases.- Morden (Robert). <i>[Geography Rectified: or, A Description of the World],</i> [c.1688]. £3,000 to £4,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Bread.- Penkethman (John). <i>Artachthos or a New Booke declaring the Assise or Weight of Bread,</i> 1638. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Anatomy.- Collins (Samuel). <i>A Systeme of Anatomy, treating of the Body of Man, Beasts, Birds, Fish, Insects, and Plants,</i> 2 vol., first edition, 1685. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Wine.- [Ames (Richard)]. <i>The Bacchanalian Sessions; or The Conten' tion of Liquors: With a Farewel to Wine,</i> first edition, 1693. £2,000 to £3,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Witchcraft.- Bekker (Balthasar). <i>The World Bewitch'd; or, An Examination of the Common Opinions Concerning Spirits,</i> vol. 1 (all published), first English edition, 1695. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Great Plague and Great Fire of London prophesied.- Lilly (William). <i>Monarchy or No Monarchy in England,</i> first edition, 1651. £1,500 to £2,000.
    <b>Forum Auctions, Sep. 24:</b> Swimming.- Thevenot (Melchisédec). <i>The Art of Swimming. Illustrated by Proper Figures. With Advice for Bathing,</i> first edition in English, 1699. £1,500 to £2,000.
  • <center><b>Koller International Auctions<br>Books, Manuscripts & Autographs<br>23 September 2020</b>
    <b>Koller Auctions, Sep. 23:</b> Diderot, [Denis] - D'Alembert, [Jean Le Rond]. <i>Encyclopédie, ou dictionnaire raisonné des sciences, des arts et des métiers...</i> 17 text volumes, 4 supplement volumes, 11 plate volumes. €21,930 to €30,700.
    <b>Koller Auctions, Sep. 23:</b> [Philipon, Ch.]. <i>La Caricature,</i> Journal. No. 1-251 in 4 volumes. With 526 lithographs by H. Daumier, Grandville, A. Devéria, P. Gavarni, M. Delaporte, Adam, Raffet, Huot et al. €7,020 to €10,530.
    <b>Koller Auctions, Sep. 23:</b> Chagall, Marc. <i>Le Cirque</i>, Paris 1967. With 38 (of which 23 coloured and 3 double-page) original lithographs by M. Chagall. €61,400 to €78,950.
    <b>Koller Auctions, Sep. 23:</b> L'Isle, Guillaume de. <i>Atlas nouveau, contenant toutes les parties du monde.</i> [AND:] Sanson, Guillaume. <i>Inleidinge tot de geographie. 3 volumes.</i> €19,300 to €28,070.
    <center><b>Koller International Auctions<br>Books, Manuscripts & Autographs<br>23 September 2020</b>
    <b>Koller Auctions, Sep. 23:</b> Roberts, David. <i>The Holy Land, Syria, Idumea, Arabia, Egypt, & Nubia…</i> Lithographed by Louis Haghe. 6 parts in 6 volumes. 238 original lithographs and 2 engraved maps. €19,300 to €28,070.
    <b>Koller Auctions, Sep. 23:</b> Berlèse, Lorenzo and Johann Jakob Jung. <i>Iconographie du genre camellia ou description et figures des camellia les plus beaux et les plus rares.</i> 3 volumes. With 301 coloured engraved plates. €17,540 to €21,930.
    <b>Koller Auctions, Sep. 23:</b> Merian, Maria Sybilla. <i>Over de voortteeling en wonderbaerlyke veranderingen der Surinaamsche insecten...</i> With engraved frontispiece, title vignette and 72 copperplates. €17,540 to €26,320.
    <b>Koller Auctions, Sep. 23:</b> Burckhardt, Johann Ludwig, Explorer. Collection of 24 handwritten letters from his youth and student days to his eldest (step) brother, Johann Burckhardt-Gemuseus and his wife Anna Elisabeth. €2,630 to €4,390.
  • <b>Il Ponte Casa d’Aste, Sep. 22:</b> CORONELLI, Vincenzo (1650-1718) - <i>Atlante Veneto.</i> Venezia: Domenico Padovani, 1690. €15,000 to €20,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> [CANALETTO] - VISENTINI, Antonio; da Giovanni Antonio CANAL (detto 'Il Canaletto'). - <i>Urbis Venetiarum prospectus celebriores.</i> Venezia, 1754. €12,000 to €18,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> RAMELLI, Agostino - <i>Le diverse et artificiose machine nelle quali si contengono uarij et artificiosi mouimenti…</i> Paris: presso l'autore, 1588. €6,000 to €9,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> <i>Anthologia Graeca Planudea [in grego]</i> - Edita da: Janus Lascaris (1445-1535). Firenze: Lorenzo di Francesco de Alopa, 11 Agosto 1494. €10,000 to €15,000.

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