LOT Old Heritage Auctions / Antique Silver & Decorative Arts Signature A... / BENJAMIN OSRO EGGLESTON (1867-1937)

19801

BENJAMIN OSRO EGGLESTON (1867-1937)

Currency:USD Category:Antiques / Silver Start Price:1.00 USD Estimated At:1.00 - 1,000,000.00 USD

NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.

This item WAS NOT SOLD. Auction date was 2004 May 22 @ 19:00UTC-06:00 : CST/MDT

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Lot Description
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BENJAMIN OSRO EGGLESTON (1867-1937) Old Lyme, Connecticut, c. 1910 Oil on masonite 12in. x 14in. Estate stamp on verso Inscribed on verso: Painted by/ Benjamin Eggleston/ 1867-1937 Provenance: the artist's estate, [Christies 14 March 1995, sale # 7683 lot 113] Exhibited: Old Lyme Art Association, 75th Anniversary Exhibition, In Retrospect: Selected Works by Lyme Artists Benjamin Osro Eggleston was born in Belvedere, Minnesota and studied art at the Minneapolis School of Fine Arts under Douglas Volk. He also traveled to Paris where he completed additional studies. Upon his return he established a studio in Brooklyn from which he worked and traveled. From 1900 to 1920 he summered at the Old Lyme Art Colony and in the 1930s he spent his time in West Stockbridge, Massachusetts. He was a Member of the Salmagundi Club, Brooklyn Society of Artists, All American Artists and was President of the Brooklyn Art Club. He exhibited at the National Academy of Design, Art Institute of Chicago, Pennsylvania Academy, Boston Art Club, Paris Salons, the Carnegie Institute, Brooklyn Art Association and among other venues. His work is housed in the Florence Griswold Museum, Old Lyme, CT; the Museum of Fine Arts, Houston, and the Newark Museum. Important notice: Heritage usually auctions material at the rate of 200-250 lots per hour. On some occasions eBay Live bid software or the Internet may not be able to keep up with the pace of the auction. We recommend placing a realistic absentee bid now as insurance to avoid disappointment. Occasionally the auctioneer may eliminate or reject an eBay Live bid, and the auctioneer may also reopen a lot after the close of the eBay live bidding (usually because we missed an audience bid), and may reject your bid even if it shows you as the winning bidder. By bidding via eBay Live, you agree that Heritage may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances. Since eBay bids are not shown to us until we open the lot on the floor, we treat those bids just like floor bids. In most cases the floor responds before the eBay bid is presented to us, due to Internet lag time, so for consistency we have made it a policy that floor bids are always considered first over tie eBay live bids. Also please note that all Heritage lots purchased through eBay Live carry a 25% Buyer's Premium. Please make sure you read the Terms and Conditions before you bid. IMPORTANT ANNOUNCEMENT ABOUT RESERVES: Heritage now divulges all reserves on its web site 7 days before every auction. If you want to know whether the reserve on this lot has been met, and if not, what the reserve amount is, please visit this lot page on the HeritageCoin.com web site, or email: bid@HeritageGalleries.com Shipping Details:
<a href="http://www.heritagegalleries.com/common/shipping.php?sid=2169DC45701CC2DA1FF33D7126B09518" target="_new">
Complete Shipping and Handling Charges</a>

Auctioneer is unable to combine purchases from other auctions or Heritage Rare Coin Galleries into one package for shipping purposes. Successful overseas Bidders shall provide written shipping instructions, including specified customs declarations, to the Auctioneer for any lots to be delivered outside of the
United States.

All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment will be borne by the buyer following Auctioneer's delivery to the designated common carrier.

Regardless of domestic or foreign shipment, risk of loss shall be borne by the buyer following Auctioneer's delivery to a shipper.
Any claims for undelivered packages must be made within 30 days of shipment by the auctioneer.
In the event an item is damaged either through handling or in transit, the
Auctioneer's maximum liability shall be the amount of the successful bid
including the Buyer's Premium.

Payment Details:
Payment:
All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, bank wire, cashier checks, travelers checks, and bank money orders, all subject to reporting requirements. Credit Card (Visa or Master Card only) payments may be accepted up to $10,000 from non-dealers at the sole discretion of the auctioneer, subject to the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the cardholder's registered and verified address, c) Auctioneer may preapprove the cardholder's credit line, d) a credit card transaction may not be used in conjunction with any other financing or extended terms offered by the Auctioneer, and must transact immediately upon invoice presentation, e) rights of return are governed by these Terms and Conditions, which supersede those conditions promulgated by the card issuer, f) floor Bidders must present their card. Personal or corporate
checks may be subject to clearing before delivery of the purchases.

Payment is due upon closing of the auction session, or upon presentment of an invoice.
The Auctioneer reserves the right to void a sale if payment in full of the
invoice is not received within 7 days after the close of the auction

Lots delivered in the States of Texas, California, or other states where the auction may be held, are subject to all applicable state and local taxes, unless appropriate permits are on file with us. Lots from different auctions may not be aggregated for sales tax purposes.

<div class=Section1>

Auction Terms and Conditions For Heritage Galleries Sale #600<o:p></o:p>

Auctioneer
and Auction:<o:p></o:p>

Buyer's Premium:<o:p></o:p>

<![if !supportLists]>1.
<![endif]>On
bids placed through eBay Live Auctions, a Buyer's Premium of twenty
five percent (25%) will be added to
the successful bid. There is a minimum
Buyer's Premium of $6.00 per lot.<o:p></o:p>

<![if !supportLists]>2.
<![endif]>This
auction is presented by Heritage Numismatic Auctions. Inc. or its subsidiary
Currency Auctions of America or its affiliate, Heritage Comic Auctions, as
identified with the applicable licensing information either on the title page
of the catalog or on the Internet site (the "Auctioneer"). The
auction is conducted under these Terms and Conditions of Auction and applicable
state and local law.

 

Auction Venues:<o:p></o:p>

<![if !supportLists]>3.
<![endif]>Exclusively
Internet, CurrencyAuction.com, Amazing Comics Auctions, and Bullet Auctions are
auctions conducted on the Internet. Signature auctions accept bids on the
Internet first, followed by a floor bidding session. Bids may be placed prior
to the floor bidding session by Internet, telephone, fax, or mail.

Bidders:<o:p></o:p>

<![if !supportLists]>4.
<![endif]>Any
person participating in or who registers for the auction agrees to be bound by
and accepts these Terms and Conditions of Auction ("Bidder(s)").<o:p></o:p>

<![if !supportLists]>5.
<![endif]>All
Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a
customer in good standing of the Auctioneer may be disqualified at Auctioneer's
sole option and will not be awarded lots. Such a determination may be made by
Auctioneer in its sole and unlimited discretion, at any time prior to, during,
or even after the close of the auction. <o:p></o:p>

<![if !supportLists]>6.
<![endif]>If an
entity places a bid, then the person executing the bid on behalf of the entity
agrees to personally guarantee payment for any successful bid.<o:p></o:p>

<![if !supportLists]>7.
<![endif]>Auctioneer
reserves the right to exclude any person it deems in its sole opinion is
disruptive to the auction or is otherwise commercially unsuitable.

Credit References:<o:p></o:p>

<![if !supportLists]>8.
<![endif]>Bidders
who do not have established credit with the Auctioneer must either furnish
satisfactory credit information including two collectibles-related references
well in advance of the auction date or supply valid credit card information.
All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not
a customer in good standing at Auctioneer may be disqualified and will not be
awarded lots. Auctioneer reserves the right to disqualify any Bidder even after
the close of the auction. Bids placed through our Interactive Internet program
will only be accepted from pre-registered Bidders. Bidders who are not members
of the website should pre-register at least two business days before the first
session to allow adequate time to contact references.

Bidding Options:<o:p></o:p>

<![if !supportLists]>9.
<![endif]>Bids
may be placed for a Signature Sale as set forth in the printed catalog section
entitled "Choose your bidding method." For all other auctions see the
alternatives shown on each website <o:p></o:p>

<![if !supportLists]>10.
<![endif]>The
Auctioneer cannot be responsible for your errors in bidding, so carefully check
that your bid is entered correctly. When identical mail or FAX bids are
submitted, preference is given to the first received; Internet bids are
evaluated as received first. The decision of the Auctioneer and declaration of
the winning Bidder is final. The Auctioneer is not responsible for executing
mail bids or FAX bids received on or after the day the first lot is sold, nor
Internet bids submitted after the published closing time; nor is the Auctioneer
responsible for proper execution of bids submitted by telephone, mail, FAX,
e-mail, Internet, or in person once the auction begins. To ensure the greatest
accuracy, your written bids should be entered on the standard bid sheet form
and be received at the Auctioneer's place of business at least two business
days in advance of the auction date. Internet bids may not be withdrawn until
your written request is received and acknowledged by Auctioneer (FAX:
214-443-8425); such requests must state the reason, and may constitute grounds
for withdrawal of bidding privileges. Lots won by mail Bidders will not be
delivered at the auction unless prearranged in advance.

Conducting the Auction:<o:p></o:p>

<![if !supportLists]>11.
<![endif]>Notice
of the consignor's liberty to place reserve bids on his lots in the auction is
hereby made in accordance with Article 2 of the Texas Uniform Commercial Code.
A reserve is an amount below which the lot will not sell. THE CONSIGNOR OF
PROPERTY MAY PLACE WRITTEN RESERVE BIDS ON HIS LOTS IN ADVANCE OF THE AUCTION.
ON LOTS SUBJECT TO A RESERVE, IF THE LOT DOES NOT MEET THE RESERVE THE
CONSIGNOR MAY PAY A REDUCED COMMISSION ON THOSE LOTS. Reserves are generally
posted online about 3 days prior to the auction closing on Internet-Only auctions,
and 7 days prior to the auction on Signature auctions. IF THERE IS AN UNMET
RESERVE BID POSTED ON A LOT, THE CURRENT BID DISPLAYED ONLINE WILL
AUTOMATICALLY BE SET AT ONE INCREMENT BELOW THE RESERVE BID. The Auctioneer
will not knowingly accept (and reserves the right to reject) live telephone or
floor bids from consignors. Any successful bid placed by a consignor on his
consigned lot on the auction floor or by telephone during the live session, or
after the reserves for an auction have been posted, will be considered an
unqualified bid, and in such instances the consignor agrees to pay full Buyer's
Premium and Seller's Commissions on the lot(s) even if (s)he buys them back.
Reserves are generally posted online about 3 days prior to the auction closing
on Internet Only auctions and 7 days prior to the auction on Signature
auctions.<o:p></o:p>

<![if !supportLists]>12.
<![endif]>The
highest qualified Bidder shall be the buyer. In the event of any dispute
between floor Bidders at a Signature Sale, the Auctioneer may at his sole
discretion put the lot up for auction again. The Auctioneer's decision shall be
final and binding upon all Bidders.<o:p></o:p>

<![if !supportLists]>13.
<![endif]>The
Auctioneer reserves the right to refuse to honor any bid or to limit the amount
of any bid which, in his sole discretion, is not submitted in "Good
Faith," or is not supported by satisfactory credit, numismatic references,
or otherwise. A bid is considered not made in "Good Faith" when an
insolvent or irresponsible person, or a person under the age of eighteen makes
it. Regardless of the disclosure of his identity, any bid by a consignor or his
agent on a lot consigned by him is deemed to be made in "Good Faith".<o:p></o:p>

<![if !supportLists]>14.
<![endif]>All
items are to be purchased per lot as numerically indicated and no lots will be
broken. The Auctioneer reserves the right to withdraw, prior to the close, any
lot or lots from the auction. Bids will be accepted in whole dollar amounts
only.<o:p></o:p>

<![if !supportLists]>15.
<![endif]>No
"buy" or "unlimited" bids will be accepted. Bidders will be
awarded lots at approximately the increment of the next highest bid. No
additional commission is charged for executing bids other than the Buyer's
Premium applied to all successful bids. Off-increment bids may be accepted by
the Auctioneer at Signature auctions.<o:p></o:p>

<![if !supportLists]>16.
<![endif]>Estimates
will be given upon written request. It is recommended that Bidders approach or
exceed the estimates in order to increase the chances of bidding successfully.<o:p></o:p>

<![if !supportLists]>17.
<![endif]>Auctioneer
reserves the right to rescind the sale in the event of nonpayment, breach of a
warranty, disputed ownership, auctioneer's clerical error or omission in
exercising bids and reserves, or otherwise.<o:p></o:p>

<![if !supportLists]>18.
<![endif]>Outage
Policy: Auctioneer occasionally experiences Internet and/or Server outages
during which Bidders cannot participate or place bids. If such outage occurs,
we may at our discretion extend bidding for the auction up to 24 hours. At our
discretion, Auctioneer may consider two outages that occur very closely to one
another to be one outage when extending such auction. This policy applies only
to widespread outages and not to isolated problems that occur in various parts
of the country from time to time. <o:p></o:p>

<![if !supportLists]>19.
<![endif]>Scheduled
Downtime: Auctioneer periodically schedules system downtime for maintenance and
other purposes; this scheduled downtime is not covered by the Outage Policy.<o:p></o:p>

<![if !supportLists]>20.
<![endif]>The
Auctioneer or affiliates may consign items to be sold in this auction, and may
place reserve bids on those items or any other in the auction. The Auctioneer
or affiliates expressly reserve the right to modify any such reserve bids on
these items or any others at any time prior to the live auction or the online
closing based upon data made known to the Auctioneer or its affiliate.<o:p></o:p>

<![if !supportLists]>21.
<![endif]>The
Auctioneer may extend advances, guarantees, or loans to certain consignors, and
may extend financing or other credits at varying rates to certain Bidders in
the auction.

Payment:<o:p></o:p>

<![if !supportLists]>22.
<![endif]>All
sales are strictly for cash in United States dollars. Cash includes: U.S.
currency, bank wire, cashier checks, travelers checks, and bank money orders,
all subject to reporting requirements. Credit Card (Visa or Master Card only)
payments may be accepted up to $10,000 from non-dealers at the sole discretion
of the auctioneer, subject to the following limitations: a) sales are only to
the cardholder, b) purchases are shipped to the cardholder's registered and
verified address, c) Auctioneer may preapprove the cardholder's credit line, d)
a credit card transaction may not be used in conjunction with any other
financing or extended terms offered by the Auctioneer, and must transact
immediately upon invoice presentation, e) rights of return are governed by
these Terms and Conditions, which supersede those conditions promulgated by the
card issuer, f) floor Bidders must present their card. Personal or corporate
checks may be subject to clearing before delivery of the purchases.<o:p></o:p>

<![if !supportLists]>23.
<![endif]>Payment
is due upon closing of the auction session, or upon presentment of an invoice.
The Auctioneer reserves the right to void a sale if payment in full of the
invoice is not received within 7 days after the close of the auction.<o:p></o:p>

<![if !supportLists]>24.
<![endif]>Lots
delivered in the States of Texas, California, or other states where the auction
may be held, are subject to all applicable state and local taxes, unless
appropriate permits are on file with us. Lots from different auctions may not
be aggregated for sales tax purposes.<o:p></o:p>

<div align=center>

<table border=0 cellspacing=0 cellpadding=0 width="90%" bgcolor=black
style='width:90.0%;mso-cellspacing:0in;margin-left:.5in;background:black;
mso-padding-alt:0in 0in 0in 0in'>
<tr>
<td style='padding:0in 0in 0in 0in'>
<table border=0 cellspacing=1 cellpadding=0 width="100%" style='width:100.0%;
mso-cellspacing:.7pt;mso-padding-alt:1.5pt 1.5pt 1.5pt 1.5pt'>
<tr>
<td style='background:#2E3E64;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
State<o:p></o:p>
</td>
<td style='background:#2E3E64;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Coins<o:p></o:p>
</td>
<td style='background:#2E3E64;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Currency<o:p></o:p>
</td>
<td style='background:#2E3E64;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
All Other Collectibles<o:p></o:p>
</td>
</tr>
<tr>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Texas
Residents<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Under
$1,000 only<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Yes<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Yes<o:p></o:p>
</td>
</tr>
<tr>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
California<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Under
$1,000 only<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in CA<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in CA<o:p></o:p>
</td>
</tr>
<tr>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Florida/Ohio/Illinois<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
No
sales tax<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
No
sales tax<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in FL, OH or IL<o:p></o:p>
</td>
</tr>
<tr>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
New
York/Wisconsin/ Pennsylvania<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in that state<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in NY<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Applicable
state sales tax on Signature Auctions ONLY if held in NY<o:p></o:p>
</td>
</tr>
<tr>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
Oregon<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
No
sales tax<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
No
sales tax<o:p></o:p>
</td>
<td style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
No
sales tax<o:p></o:p>
</td>
</tr>
<tr>
<td colspan=4 style='background:white;padding:1.5pt 1.5pt 1.5pt 1.5pt'>
*Unless
an approved resale form is on file with Heritage.<o:p></o:p>
</td>
</tr>
</table>
<o:p></o:p>
</td>
</tr>
</table>

</div>

<![if !supportLists]>25.
<![endif]><![if !supportEmptyParas]> <![endif]><o:p></o:p>

<![if !supportLists]>26.
<![endif]>In
the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall
pay the maximum statutory processing fee set by applicable state law.<o:p></o:p>

<![if !supportLists]>27.
<![endif]>If
the auction invoice(s) submitted by the Auctioneer is not paid in full when
due, the unpaid balance will bear interest at the highest rate permitted by law
from the date of invoice until paid. If the Auctioneer refers the invoice(s) to
an attorney for collection, the buyer agrees to pay attorney's fees, court
costs, and other collection costs incurred by the Auctioneer. If Auctioneer
assigns collection to its in-house legal staff, such attorney's time expended
on the matter shall be compensated at a rate comparable to the hourly rate of
independent attorneys.<o:p></o:p>

<![if !supportLists]>28.
<![endif]>In
the event a successful Bidder fails to pay all amounts due, the Auctioneer
reserves the right to resell the merchandise, and such Bidder agrees to pay for
the reasonable costs of resale, including a 10% seller's commission, and also
to pay any difference between the resale price and the price of the previously
successful bid.<o:p></o:p>

<![if !supportLists]>29.
<![endif]>The
Auctioneer reserves the right to require payment in full in good funds before
delivery of the merchandise to the buyer.<o:p></o:p>

<![if !supportLists]>30.
<![endif]>The
Auctioneer shall have a lien against the merchandise purchased by the buyer to
secure payment of the auction invoice. Auctioneer is further granted a lien and
the right to retain possession of any other property of the buyer then held by
the Auctioneer or its affiliates to secure payment of any auction invoice or
any other amounts due the Auctioneer from the buyer. With respect to these lien
rights, the Auctioneer shall have all the rights of a secured creditor under
Article 9 of the Texas Uniform Commercial Code. In addition, with respect to
payment of the auction invoice(s), the buyer waives any and all rights of
offset he might otherwise have against the Auctioneer and the consignor of the
merchandise included on the invoice.<o:p></o:p>

<![if !supportLists]>31.
<![endif]>If a
Bidder owes Auctioneer or its affiliates on any account, the Auctioneer and its
affiliates shall have the right to offset such unpaid account by any credit
balance due Bidder, and it may secure by possessory lien any unpaid amount by
any of the Bidder's property in their possession.<o:p></o:p>

<![if !supportLists]>32.
<![endif]>Title
shall not pass to the successful Bidder until all invoices are paid in full. It
is the responsibility of the buyer to provide adequate insurance coverage for
the items once they have been delivered.

Return Policy:<o:p></o:p>

<![if !supportLists]>33.
<![endif]>Signature
Sales: The auction is not on approval. No certified material may be returned
because of possible differences of opinion with respect to the grade offered by
any third-party organization, dealer, or service. There are absolutely no
exceptions to this policy. Under extremely limited circumstances, (e.g. gross
cataloging error) a purchaser, who did not bid from the floor, may request
Auctioneer to void a sale. Such request for evaluation must be made in writing
detailing the alleged gross error, and submission of the lot to the Auctioneer
must be preapproved by the Auctioneer. A Bidder must notify <a
href="mailto:bid@heritagegalleries.com">bid@heritagegalleries.com</a> in
writing of the Bidder's request and such notice must be mailed within three (3)
days of the mail Bidder's receipt of the lot. Any lot that is to be evaluated
must be received in our offices within 30 days from the date of auction.
Grading or method of manufacture do not qualify for this evaluation process nor
do such complaints constitute a basis to challenge the authenticity of a lot.
AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED FOR REASONS OTHER THAN
AUTHENTICITY. Lots returned must be housed intact in the original holder. No lots
purchased by floor Bidders may be returned (including those Bidders acting as
agents for others). Late remittance for purchases may be considered just cause
to revoke all return privileges.<o:p></o:p>

<![if !supportLists]>34.
<![endif]>Exclusively
Internet, CurrencyAuction.com, Amazing Comics Auctions™, Amazing Sports
Auctions, and Bullet auctions: THREE (3) DAY RETURN POLICY. All lots
(Exception: Third party graded notes are not returnable for any reason
whatsoever) paid for within seven days of the auction closing are sold with a
three (3) day return privilege. You may return lots under the following
conditions: Within three days of receipt of the lot, you must first notify
Auctioneer by contacting Customer Service by phone (1-800-872-6467) or e-mail <a
href="mailto:bid@HeritageCoin.com">bid@HeritageCoin.com</a>, and immediately
mail the lot(s) fully insured to the attention of Returns, care of Heritage
Galleries & Auctioneers, 3500 Maple Avenue, 17th Floor, Dallas Texas,
75219-3941. Lots must be housed intact in their original holder and condition.
You are responsible for the insured, safe delivery of any lots. A
non-negotiable return fee of 5% of the purchase price ($10 per lot minimum)
will be deducted from the refund for each returned lot or billed directly.
Postage and handling fees are not refunded. After the three-day period (from
receipt), no items may be returned for any reason. Late remittance for
purchases revokes all Return-Restock privileges.<o:p></o:p>

<![if !supportLists]>35.
<![endif]>All
Bidders who have inspected the lots prior to the auction will not be granted
any return privileges, except for reasons of authenticity.

Delivery:<o:p></o:p>

<![if !supportLists]>36.
<![endif]>Postage,
handling and insurance charges will be added to invoices. Please either refer
to Auctioneer's web site, <a href="http://www.HeritageGalleries.com">www.HeritageGalleries.com</a>,
<a href="http://www.HeritageCoin.com">www.HeritageCoin.com</a>, <a
href="http://www.HeritageComics.com">www.HeritageComics.com</a>, or <a
href="http://www.HeritageSportsCollectibles.com">www.HeritageSportsCollectibles.com</a>
for the latest charges or call Auctioneer.

<a
href="http://www.heritagegalleries.com/common/shipping.php?sid=2169DC45701CC2DA1FF33D7126B09518">Complete
Shipping and Handling Charges</a><o:p></o:p>

<![if !supportLists]>37.
<![endif]>Auctioneer
is unable to combine purchases from other auctions or Heritage Rare Coin
Galleries into one package for shipping purposes. Successful overseas Bidders
shall provide written shipping instructions, including specified customs
declarations, to the Auctioneer for any lots to be delivered outside of the
United States.<o:p></o:p>

<![if !supportLists]>38.
<![endif]>All
shipping charges will be borne by the successful Bidder. Any risk of loss
during shipment will be borne by the buyer following Auctioneer's delivery to
the designated common carrier.<o:p></o:p>

<![if !supportLists]>39.
<![endif]>Regardless
of domestic or foreign shipment, risk of loss shall be borne by the buyer
following Auctioneer's delivery to a shipper.<o:p></o:p>

<![if !supportLists]>40.
<![endif]>Any
claims for undelivered packages must be made within 30 days of shipment by the
auctioneer.<o:p></o:p>

<![if !supportLists]>41.
<![endif]>In
the event an item is damaged either through handling or in transit, the
Auctioneer's maximum liability shall be the amount of the successful bid
including the Buyer's Premium.

Cataloging:<o:p></o:p>

<![if !supportLists]>42.
<![endif]>The
descriptions provided in any catalog are intended solely for the use of those
Bidders who do not have the opportunity to view the lots prior to bidding.<o:p></o:p>

<![if !supportLists]>43.
<![endif]>Any
description of the lots contained in this auction is for the sole purpose of
identifying the items.<o:p></o:p>

<![if !supportLists]>44.
<![endif]>In
the event of an attribution error, the Auctioneer may, at the Auctioneer's sole
discretion, correct the error on the Internet, or, if discovered at a later
date, to refund the buyer's money without further obligation. Under no
circumstances shall the obligation of the Auctioneer to any Bidder be in excess
of the purchase price for any lot in dispute.

Warranties and Disclaimers:<o:p></o:p>

<![if !supportLists]>45.
<![endif]>NO
WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION
CONTAINED IN THIS AUCTION. Any description of the items contained in this
auction is for the sole purpose of identifying the items, and no description of
items has been made part of the basis of the bargain or has created any express
warranty that the goods would conform to any description made by the
Auctioneer.<o:p></o:p>

<![if !supportLists]>46.
<![endif]>Auctioneer
is selling only such right or title to the items being sold as Auctioneer may
have by virtue of consignment agreements on the date of auction and disclaims
any warranty of title to the coins.<o:p></o:p>

<![if !supportLists]>47.
<![endif]>Auctioneer
disclaims any warranty of merchantability or fitness for any particular
purposes.<o:p></o:p>

<![if !supportLists]>48.
<![endif]>Auctioneer
disclaims all liability for damages, consequential or otherwise, arising out of
or in connection with the sale of any property by Auctioneer to Bidder. No
third party may rely on any benefit of these Terms and Conditions and any
rights, if any, established hereunder are personal to the Bidder and may not be
assigned. Any statement made by the Auctioneer is a statement of opinion and
does not constitute a warranty or representation. Any employee of Auctioneer
may not alter these Terms and Conditions, and, unless signed by a principal of
Auctioneer, any alteration is null and void.<o:p></o:p>

<![if !supportLists]>49.
<![endif]>Coins
sold referencing a third-party grading service ("Certified Coins")
are sold "as is" without any express or implied warranty, except for
a guarantee by Auctioneer that the Certified Coins are genuine. Certain
warranties may be available from the grading services and the Bidder is
referred to the following services for details of any such warranties: ANACS,
P.O. Box 182141, Columbus, Ohio 43218-2141; Numismatic Guaranty Corporation
(NGC), P.O. Box 4776, Sarasota, FL 34230; Professional Coin Grading Service
(PCGS), PO Box 9458, Newport Beach, CA 92658 and ICG, 7901 East Belleview Ave.,
Suite 50, Englewood, CO 80111. Comic books sold referencing a third-party
grading service ("Certified Comics") are sold "as is"
without any express or implied warranty, except for a guarantee by Auctioneer
that the Certified Comics are genuine. Certain warranties may be available from
the grading services and the Bidder is referred to the following services for
details of any such warranties: Comics Guaranty Corporation (CGC), P.O. Box
4738, Sarasota, FL 34230. Currency sold referencing a third-party grading
service ("Certified Currency") are sold "as is" without any
express or implied warranty, except for a guarantee by Auctioneer that the
Certified Currency are genuine. Certain warranties may be available from the
grading services and the Bidder is referred to the following services for
details of any such warranties: Currency Grading & Authentication (CGA), PO
Box 418, Three Bridges, NJ 08887.<o:p></o:p>

<![if !supportLists]>50.
<![endif]>All
non-certified coins and comics and currency are guaranteed genuine, but are not
guaranteed as to grade, since grading is a matter of opinion. Grading is an
art, not a science, and therefore the opinion rendered by the Auctioneer or any
third party grading service may not agree with the opinion of others (including
trained experts), and the same expert may not grade the same coin with the same
grade at two different times. Auctioneer has graded the non-certified items, in
the Auctioneer's opinion, to their current interpretation of the American
Numismatic Association's standards as of the date the catalog was prepared.
There is no guarantee or warranty implied or expressed that the grading
standards utilized by the Auctioneer will meet the standards of ANACS, NGC,
PCGS, ICG, CGC, CGA or any other grading service at any time in the future.<o:p></o:p>

<![if !supportLists]>51.
<![endif]>Auctioneer
offers no opinion as to the validity of a grade assigned by any third-party
grading service. Since we cannot examine C.G.A. encapsulated notes or Comics
Guaranty Corporation (CGC) encapsulated comics, they are sold "as is"
without our grading opinion, and may not be returned for any reason. Auctioneer
shall not be liable for any patent or latent defect or controversy pertaining
to or arising from any encapsulated collectible. In any such instance,
purchaser's remedy, if any, shall be solely against the certification service
certifying the collectible.<o:p></o:p>

<![if !supportLists]>52.
<![endif]>Due
to changing grading standards over time and to possible mishandling of items by
subsequent owners, the Auctioneer reserves the right to grade items differently
than shown on certificates from any grading service that accompany the items.
For the same reasons as stated above, the Auctioneer reserves the right to
grade items differently than the grades shown in the catalog should such items
be reconsigned to any future auction.<o:p></o:p>

<![if !supportLists]>53.
<![endif]>Although
consensus grading is employed by most grading services, it should be noted as
aforesaid that grading is not an exact science. In fact, it is entirely
possible that if a lot was broken out of a plastic holder and was resubmitted
to another grading service or even the same service, the lot could come back a
different grade. Certification does not guarantee protection against the normal
risks associated with potentially volatile markets. <o:p></o:p>

<![if !supportLists]>54.
<![endif]>The
degree of liquidity for certified coins and collectibles will vary according to
general market conditions and the particular lot involved. For some lots there
may be no active market at all at certain points in time.

Release:<o:p></o:p>

<![if !supportLists]>55.
<![endif]>In
consideration of participation in the auction and the placing of a bid, a
Bidder expressly releases Auctioneer, its affiliates, the Consignor, or Owner
of the Lot from any and all claims, cause of action, chose of action, whether
at law or equity or any arbitration or mediation rights existing under the
rules of any professional society or affiliation based upon the assigned grade
or a derivative theory, breach of warranty express or implied, representation
or other matter set forth within these Terms and Conditions of Auction or
otherwise, except as specifically declared herein; e.g., authenticity, typographical
error, etc., and as to those matters, the rights and privileges conferred
therein are strictly construed and is the exclusive remedy. Purchaser by
non-compliance to its express terms of a granted remedy, shall waive any claim
against Auctioneer.

Dispute Resolution and Arbitration Provision:<o:p></o:p>

<![if !supportLists]>56.
<![endif]>By
placing a bid or otherwise participating in the auction, such person or entity
accepts these Terms and Conditions of Auction, and specifically agrees to the
alternative dispute resolution provided herein. Arbitration replaces the right
to go to court, including the right to a jury trial.<o:p></o:p>

<![if !supportLists]>57.
<![endif]>If
any dispute arises regarding payment, authenticity, grading, description,
provenance or any other matter pertaining to the auction, the Bidder or a
participant in the auction and/or the Auctioneer agree that the dispute shall
be submitted, if otherwise unresolved, to binding arbitration in accordance
with the commercial rules of the American Arbitration Association (A.A.A.). The
A.A.A. arbitration shall be conducted under the provisions of the Federal
Arbitration Act with locale in Dallas, Texas. The prevailing party may be
awarded his reasonable attorney's fees and costs. An arbitrator's award is
enforceable in any court of competent jurisdiction. Any claim made by a bidder
has to be presented within one (1) year or it is barred. Any claim as to
provenance or authenticity must first be transmitted to Auctioneer by credible
and definitive evidence and there is no assurance such presentment that
Auctioneer will validate the claim. Authentication is not an exact science and
other contrary opinions may not be recognized by Auctioneer. Auctioneer in no
event shall be responsible for consequential and incidental damages and the
value of an item is determined by its high bid, which is Auctioneer's maximum
liability. Provenance is not guaranteed by the Auctioneer, but rather
provenance is guaranteed by the consignor. Any action or claim shall include
the consignor with auctioneer acting as interpleador or nominal party. While
every effort is made to determine provenance and authenticity it is up to the
Bidder to arrive at that conclusion prior to bidding.<o:p></o:p>

<![if !supportLists]>58.
<![endif]>In
consideration of his participation in or application for the auction, a person
or entity (whether the successful Bidder, a Bidder, a purchaser and/or other
Auction participant or registrant) agrees, that all disputes in any way
relating to, arising under, connected with, or incidental to these Terms and
Conditions and his purchases or default in payment thereof shall be arbitrated
pursuant to the arbitration provision. In the event that any matter including
actions to compel arbitration, construe the agreement, actions in aid or
arbitration or otherwise needs to be litigated, such litigation shall be
exclusively in the Courts of the State of Texas, in Dallas County, Texas, and
if necessary the corresponding appellate courts. The successful Bidder,
purchaser, or Auction participant also expressly submits himself to the
personal jurisdiction of the State of Texas.

Miscellaneous:<o:p></o:p>

<![if !supportLists]>59.
<![endif]>Agreements
between Bidders and consignors to effectuate a non-sale of an item at auction,
inhibit bidding on a consigned item to enter into a private sale agreement for
an item, or to utilize the Auctioneer's auction to obtain sales for non-selling
consigned items subsequent to the auction are strictly prohibited. If a
subsequent sale of a previously consigned item occurs in violation of this
provision, Auctioneer reserves the right to charge Bidder the applicable
Buyer's Premium and consignor a Seller's Commission as determined for each
auction venue and by the terms of the seller's agreement.<o:p></o:p>

<div style='border:solid black .5pt;padding:2.0pt 2.0pt 2.0pt 2.0pt'>

<p class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;
margin-left:.5in;text-indent:-.25in;mso-list:l2 level1 lfo3;tab-stops:list .5in;
border:none;mso-border-alt:solid black .5pt;padding:0in;mso-padding-alt:2.0pt 2.0pt 2.0pt 2.0pt'><![if !supportLists]>60.
<![endif]>Acceptance
of these terms and conditions qualifies Bidder as a Heritage customer who has
consented to be contacted by Heritage in the future. In conformity with
"do-not-call" regulations promulgated by the Federal or State
regulatory agencies, participation by the Bidder is affirmative consent to
being contacted at the phone number shown in his application and this consent
shall remain in effect until it is revoked in writing. Heritage may from time
to time contact Bidder concerning sale, purchase and auction opportunities
available through Heritage and its affiliates and subsidiaries.<o:p></o:p>

</div>

<![if !supportEmptyParas]> <![endif]><o:p></o:p>

<![if !supportLists]>61.
<![endif]>Storage
of purchased coins: Purchasers are advised that certain types of plastic may
react with the coin's metal and may cause damage to the coins. Caution should
be used to avoid storage of coins in materials that are not inert.

State Notices:<o:p></o:p>

<![if !supportLists]>62.
<![endif]>Notice
as to an Auction Sale in California. Auctioneer has in compliance with Title
2.95 of the California Civil Code as amended October 11, 1993 Sec. 1812.600,
posted with the California Secretary of State its bonds for it and its
employees and the auction is being conducted in compliance with Sec. 2338 of
the Commercial Code and Sec. 535 of the Penal Code.<o:p></o:p>

</div>

This lot is part of the auction: Antique Silver & Decorative Arts Signature Auction #600 - Session 4 Back To Catalog Listing

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Old Heritage Auctions Dallas, Texas, United States 214-528-3500 About Auctioneer... Auctioneer's Auctions...

From (Incl.)	To (Excl.)	Increment
0.00	99.00	10.00
100.00	499.00	25.00
500.00	Infinite	100.00

LOT Old Heritage Auctions / Antique Silver & Decorative Arts Signature A... / BENJAMIN OSRO EGGLESTON (1867-1937)

BENJAMIN OSRO EGGLESTON (1867-1937)

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