Rare Book Monthly

Articles - July - 2012 Issue

Seller Beware: Who really owns it?

A rare 1885 map of Maui had a gift letter, but it wasn't hers to sell. Photo Fitzpatrick & Moffat.

As a dealer and sometime collector of vintage and antiquarian Hawaiiana since 1979, I’ve run into many interesting collections of books, maps, prints and photos and related antique paper. I’ve bought and sold many of these things and been asked for a professional opinion on many other occasions.

But within the last year two events have made me acutely aware that not everything offered for sale, no matter how authentic, rare or intellectually exciting it may be, is actually the seller’s property to sell.

Beautiful Map Brings a Hefty Price

Incident #1 happened in the fall of 2011. A colleague and I hosted an exhibit tracing the history of Hawaii with a display of maps from Capt. Cook through statehood at a small local museum.

The publicity for the event caught the eye of a local history teacher who had a friend who had an antique map of Maui. The friend asked the teacher if she knew what it was and what it might be worth? The teacher, who had heard about the map show, contacted me. She produced the map and a gift letter.

In brief the letter said that the owner, back on the Mainland, had this map. It had been in his possession a long time, it wasn’t doing him much good and really belonged back in Hawaii. He wanted the teacher’s friend (who was also a friend of his) to have it.

The map was the best copy I had ever seen of the 1885 survey of Maui by WD Alexander. It was in flawless condition. I got chicken skin when I saw it. The hair on my arms literally stood up with excitement.

Though beat up and raggedy copies sometimes came to market in the $200-$500 range, a copy in this shape I said could go for $2,000 to $5,000.

I told the teacher if her friend wanted to sell it I’d be happy to look for a buyer. To my surprise the friend did want to sell it.

I priced it at $5,000, and we agreed on a commission. I took one photo of the map, made a copy of the gift letter and sold it on the first call for the full amount.

A few days later I picked up the check, gave the seller her share. It was smiles all around. That is until a few days later, when early on a Sunday morning my phone rang. Who should be on the other end but the donor and writer of the gift letter, who was nearly hysterical with rage.

Did I not know that he was the archivist at an important American map repository? Was it not crystal clear from his letter that it was his intent to have the map donated to a local school? I’d better get the map back to him and double-quick or he’d call the state attorney general and have me thrown in the calaboose. Did he make himself perfectly clear?

As it turned out, I did get the map back. I reversed the transaction, returned both the map and the letter to the teacher’s friend, who returned them post haste to the irate archivist.

It Was A Wake Up Call

But the experience was a wake up call for me. It made it really clear that the world of libraries and archives and their staffs and the world of dealers and collectors don’t really play by the same rules.

It was clear by the text of the letter that he had gifted the map to his friend, and probably had the authority to do so because as an executive level staffer he had the authority to dispose of or de-accession things that were duplicates or thought to be of minor value.

The map may have been a duplicate, but he was wrong about the value. He found that out when the friend wrote him joyfully about this stroke of good luck and offered him half of the proceeds.

That’s when he panicked big time. He knew that if his employer ever got word of this transaction his career would be toast.

So he changed his story: he didn’t mean to give it to his friend, his letter had been totally misunderstood: he had meant to donate to a school in Hawaii with the friend as an intermediary. Despite the fact that his letter didn’t say anything of the sort, that was his version.

I got him back the map. That left all of us -- seller, buyer and dealer, out the time and the money, but the halls of academe remained serene and nobody was any wiser. It was apparent that Mr. High Mucka-Mucka had a very thin grasp on antique map values in the open market. As for how many other little presents like this he had made over the years from things in his care, who knew?

But now I found out the hard way I had to be more careful, much more careful. I had to really truly thoroughly check on anything I had even the remotest suspicion might come from a library, archive or any kind of public institution. No matter what the letter said, I realized I should have checked with the donor first.


Posted On: 2012-07-01 00:00
User Name: arader

Hi Susan

We have a vast stock of great material relating to Hawaii. Hope you will give Alexander Johnson a call in our SF gallery at 415 788 5115 an


Rare Book Monthly

  • Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Winston Churchill. The Second World War. Set of First-Edition Volumes. 6,000 USD
    Sotheby’s, Available Now: A.A. Milne, Ernest H. Shepard. A Collection of The Pooh Books. Set of First-Editions. 18,600 USD
    Sotheby’s, Available Now: Salvador Dalí, Lewis Carroll. Alice's Adventures in Wonderland. Finely Bound and Signed Limited Edition. 15,000 USD
    Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Ian Fleming. Live and Let Die. First Edition. 9,500 USD
    Sotheby’s, Available Now: J.K. Rowling. Harry Potter Series. Finely Bound First Printing Set of Complete Series. 5,650 USD
    Sotheby’s, Available Now: Ernest Hemingway. A Farewell to Arms. First Edition, First Printing. 4,200 USD
  • Leland Little, Apr. 26: First Edition of Piccolomini's De La Sfera del Mondo (The Sphere of the World), 1540.
    Leland Little, Apr. 26: First Edition of Vellutello's Commentary on Petrarch, With Map, 1525.
    Leland Little, Apr. 26: Finely Bound Definitive, Illustrated Edition of I Promessi Sposi, 1840.
    Leland Little, Apr. 26: Rare First Edition of John Milton's Latin Correspondence, 1674.
    Leland Little, Apr. 26: Giolito's Edition of Boccaccio's The Decamerone, with Bedford Binding, 1542.
    Leland Little, Apr. 26: First Edition of the First Biography of Marie of the Incarnation, with Rare Portrait, 1677.
    Leland Little, Apr. 26: First Aldine Edition of Volume One of Cicero's Orationes, 1540.
    Leland Little, Apr. 26: First Edition of Bonanni's Illustrated Costume Catalogue, with Complete Plates, 1711.
    Leland Little, Apr. 26: An Important Incunable, the First Italian Edition of Josephus's De Bello Judaico, 1480.
    Leland Little, Apr. 26: First Edition of Jacques Philippe d'Orville's Illustrated Book of the Ruins of Sicily, 1764.
    Leland Little, Apr. 26: An Incunable from 1487, The Contemplative Life, with Early Manuscript.
    Leland Little, Apr. 26: Ignatius of Loyola's Exercitia Spiritualia, 1563.
  • Jeschke Jadi
    Auction 151
    Saturday, April 27, 2024
    Jeschke Jádi, Apr. 27: Lot 546. Christoph Jacob Trew. Plantae selectae, 1750-1773.
    Jeschke Jádi, Apr. 27: Lot 70. Thomas Murner. Die Narren beschwerung. 1558.
    Jeschke Jádi, Apr. 27: Lot 621. Michael Bernhard Valentini. Museum Museorum, 1714.
    Jeschke Jadi
    Auction 151
    Saturday, April 27, 2024
    Jeschke Jádi, Apr. 27: Lot 545. Sander Reichenbachia. Orchids illustrated and described, 1888-1894.
    Jeschke Jádi, Apr. 27: Lot 1018. Marinetti, Boccioni, Pratella Futurism - Comprehensive collection of 35 Futurist manifestos, some of them exceptionally rare. 1909-1933.
    Jeschke Jádi, Apr. 27: Lot 634. August Johann Rösel von Rosenhof. 3 Original Drawings, around 1740.
    Jeschke Jadi
    Auction 151
    Saturday, April 27, 2024
    Jeschke Jádi, Apr. 27: Lot 671. Jacob / Picasso. Chronique des Temps, 1956.
    Jeschke Jádi, Apr. 27: Lot 1260. Mary Webb. Sarn. 1948. Lucie Weill Art Deco Binding.
    Jeschke Jádi, Apr. 27: Lot 508. Felix Bonfils. 108 large-format photographs of Syria and Palestine.
    Jeschke Jadi
    Auction 151
    Saturday, April 27, 2024
    Jeschke Jádi, Apr. 27: Lot 967. Dante Aligheri and Salvador Dali. Divina Commedia, 1963.
    Jeschke Jádi, Apr. 27: Lot 1316. Tolouse-Lautrec. Dessinateur. Duhayon binding, 1948.
    Jeschke Jádi, Apr. 27: Lot 1303. Regards sur Paris. Braque, Picasso, Masson, 1962.
  • Fonsie Mealy’s
    Rare Book & Collectors Sale
    24th April 2024
    Fonsie Mealy, Apr. 24: McCarthy (Cormac). Cities of the Plain, N.Y., 1998, First Edn., signed on hf. title; together with Uncorrected Proof and Uncorrected Advance Reading Copies, both signed by the Author. €800 to €1,000.
    Fonsie Mealy, Apr. 24: Stanihurst (Richard). De Rebus in Hibernia Gestis, Libri Quattuor, sm. 4to Antwerp (Christi. Plantium) 1584. First Edn. €525 to €750.
    Fonsie Mealy, Apr. 24: Fleischer (Nat.) Jack Dempsey The Idol of Fistiana, An Intimate Narrative, N.Y., 1929, First Edn. Signed on f.e.p. by Rocky Marciano. €400 to €600.
    Fonsie Mealy’s
    Rare Book & Collectors Sale
    24th April 2024
    Fonsie Mealy, Apr. 24: Smith - Classical Atlas, Lond., 1820. Bound with, Smiths New General Atlas .. Principal Empires, Kingdoms, & States throughout the World, Lond. 1822. €350 to €500.
    Fonsie Mealy, Apr. 24: Rare Auction Catalogues – 1856: Bindon Blood, of Ennis, Co. Clare: Sotheby & Wilkinson. €320 to €450.
    Fonsie Mealy, Apr. 24: [Mavor (Wm.)] A General Collection of Voyages and Travels from the Discovery of America to the Commencement of the Nineteenth Century, 28 vols. (complete) Lond., 1810. €300 to €400.
    Fonsie Mealy’s
    Rare Book & Collectors Sale
    24th April 2024
    Fonsie Mealy, Apr. 24: Mc Carthy (Cormac). Outer Dark, N.Y. (Random House)1968, Signed by Mc Carthy. €250 to €300.
    Fonsie Mealy, Apr. 24: Three signed works by Ted Huges - Wodwo, 1967; Crow from the Life and Songs of the Crow, 1970; and Tales from Ovid, 1997. €200 to €300.
    Fonsie Mealy, Apr. 24: The Garden. An Illustrated Weekly Journal of Horticulture in all its Branches, 7 vols. lg. 4to Lond. 1877-1880. With 127 colored plates. €200 to €300.
    Fonsie Mealy’s
    Rare Book & Collectors Sale
    24th April 2024
    Fonsie Mealy, Apr. 24: Procter (Richard A.) Saturn and its System: Containing Discussions of The Motion (Real and Apparent)…, Lond. 1865. First Edn. €160 to €220.
    Fonsie Mealy, Apr. 24: [Ashe] St. George, Lord Bishop of Clogher, A Sermon Preached to the Protestants of Ireland, now in London,... Oct. 23, 1712, London 1712. Second Edn. €130 to €180.

Article Search

Archived Articles

Ask Questions