350
Hancock, John - Retained Copy to Isaac Sherman
Currency:USD
Category:Collectibles
Start Price:2,500.00 USD
Estimated At:5,000.00 - 7,500.00 USD
SOLD
4,250.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2007 Oct 20 @ 11:48UTC-8 : PST/AKDT
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
<Our item number 119281><B>Hancock, John.</B> AL as Governor of Massachusetts, 1p, 13" x 7¾", Boston, 1782 April 23. Hancock's retained copy to Isaac Sherman, commissary officer of the garrison at Dartmouth. Very good; overall toning; archivally reinforced with japan paper on verso; two lines of text at horizontal folds have tiny areas of paper loss, but still legible. Boldly penned.<BR><BR>In this letter, an incensed Hancock fires Sherman for insubordination, after Sherman defied the state constitution and appealed directly to the General Court for funding. In full: "<I>By a Resolve of the General Court which has been laid before me in consequence of a Petition from you as Commissary, I find you have been in Boston & have undertaken to lay a State of the Fort & Garrison at Dartmouth, its Defects & the necessaries wanting, before the Court, & Applied for their Aid; had you have been an officer appointed by the Court, & Amenable to them, there might have been some propriety in the mode o f your Application, but as in the present instance you have gone directly counter to the Constitution, which very explicitly points out the Line of your Duty, & as you have thrown such an open Contempt upon me as Commander in Chief, to whom only you were Amenable, I am now to inform you that it is my positive order that you immediately on Receipt of this deliver to Lieut. William Gordon what Public Stores & Provisions belonging to this Common Wealth you may have in your hands, and Exhibit the whole of your Accounts in order to a Settlement; I have appointed Mr. Gordon Commissary to the Troops that may be station'd at Dartmouth, by order of the Governor of this Common Wealth, whom I shall Depend will strictly conform to the Constitution & Regulate his Conduct thereby</I>." <BR>Estimated Value $5,000-7,500. <I><BR>The Hancock-Chase Collection, formerly housed at the National Museum of American History.</I> <BR><BR>Our item number 119281<BR><IMAGES><P ALIGN="CENTER"><IMG SRC=" http://www.goldbergcoins.net/liveauction/43jpegs/119281.jpg"> </P></IMAGES>
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16 A BUYER’S COMMISSION OF FIF-TEEN PERCENT (15%) and twenty percent (20%) to
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Any unused portion of such deposit will be promptly refunded upon clearance
of the funds.
23 On any accounts past due, Goldberg reserves the right to extend credit
and impose periodic charges, pursuant to these Terms and Conditions of Sale
or as set forth in the Purchaser’s invoice. If the auction invoice is not
paid in full when due, the unpaid balance will earn interest at the rate of
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Money realized from the resale shall be applied as follows: (i) to pay sums
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right to assign its interest to any third party.
24 Goldberg may at its sole and absolute discretion, make loans or advances
to Consignors and/or prospective Purchasers.
25 The Auctioneer may bid for his or its own account at any auction (even
though it may not be required to pay a Buyer’s Commission, or other charges
that other Purchasers may be required to pay) and may have access to
information concerning the lots and items contained therein that is not
otherwise available to the public. Any conflict of interest or claim of
competitive advantage resulting therefrom is expressly waived by all
participants in the sale.
26 If a dispute arises concerning ownership of a lot that has been bid upon,
Goldberg reserves the right to commence a statutory interpleader proceeding
at the expense of the Consignor and successful Purchaser and any other
applicable party, and in such event Goldbergs shall be entitled to its
reasonable attorney’s fees and costs.
27 In the event of a successful challenge to the title to any goods
purchased, Goldberg agrees to reimburse any Purchaser in an amount equal to
the successful bid price actually paid by Purchaser at auction plus any
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claims, such reimbersment once tendered by Goldberg, relieves and releases
Goldberg from any responsibility whatsoever to the Purchaser, even if the
instrument is not cashed or is returned.
28 Goldberg reserves the right to post-pone the auction sale or any session
thereof for a reasonable period of time for any reason whatsoever, and no
Bidder or prospective Bidder shall have any claim as a result thereof,
including consequential damages.
DISCLAIMERS AND WARRANTIES
ALL ITEMS OFFERED IN THIS
CATALOGUE ARE GUARANTEED TO BE GENUINE.
THIS IS A LIMITED WARRANTY THAT THE ITEM SOLD IS NOT COUNTERFEIT, THAT ITS
DATE OR MINTMARK HAS NOT BEEN ALTERED AND THAT THE COIN HAS NOT BEEN
“REPAIRED.”
29 Any other warranty is expressly disclaimed; Goldberg offers no
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strike relate to the method of manufacture and not to authenticity.
a. The descriptions contained herein represent the Cataloger’s good faith
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of preservation and strike. When a grade from an independent grading
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NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF
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COINS LISTED IN THIS CATALOGUE GRADED BY PCGS, NGC, ICG, SEGS, ACCUGRADE,
PCI, NTC OR ANACS CACHET MAY NOT BE RETURNED FOR ANY REASON WHATSOEVER.
30 By bidding in the sale, (whether in person, by mail, telephone or
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and specifically waives and releases, and forever discharges Goldberg, and
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whether in law or equity, whether known or unknown, suspected or
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arising out of, or in connection with any challenge to the title to any good
purchased, the sale itself and/or the auction, except for reimbursement in
the amount equal to any bid actually paid by Purchaser, plus any Buyer’s
Commission actually paid by Purchaser where such reimbursement is authorized
in these Terms and Conditions of Sale. It is the intention of Purchaser that
this waiver and release shall be effective as a bar to each and every claim,
demand, cause of action and suit that may arise hereunder, and Purchaser
hereby knowingly and voluntarily waives any and all rights and benefits
otherwise conferred upon him by the provisions of the California Civil
Code, which reads in full as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.”
31 Neither Goldberg nor any affiliated or related company shall be
responsible for incidental or consequential damages arising out of any
failure of the Terms and Conditions of Sale of the auction or the conduct
thereof and in no event shall liability for any such failure exceed the
purchase price paid.
32 The sole remedy that any Purchaser in the auction shall have, whether
such Purchase is bidding in person, by mail, by facsimile, by telephone, or
through an employee or agent, for any claim or controversy arising out of
the auction shall be a refund of the original purchase price and premium
paid, if any.
33 Upon payment of any disputed sum, which in no event shall be greater than
the original purchase price actually paid by Purchaser plus any commission
or premium actually paid by Purchaser to Goldberg, Auctioneer and its
employees shall be deemed released from any and all claims of the Bidder
arising out of or in connection with the sale of such property. Purchaser
agrees to execute prior to delivery of any refund, any documents reasonably
requested to effect the intent of this paragraph. Should the Purchaser
decline to do so, Purchaser hereby grants to Goldberg a limited power of
attorney to unconditionally effect such release.
34 Rights granted to Bidders and Purchasers under these Terms and Conditions
of Sale are personal and may not be assigned or transferred to any other
person or entity, whether by operation of law or otherwise. Any attempt to
assign or transfer any such rights shall be absolutely void and
unenforceable. No third party may rely on any benefit or right conferred on
any Bidder or Purchaser by these Terms and Conditions of Sale and terms of
warranty. “Purchaser” shall mean the original Purchaser of the property
from Goldberg and not any subsequent owner or other person who may acquire
or have acquired an interest therein. If Purchaser is an agent, the agency
must be disclosed in writing to Goldberg prior to the time of sale,
otherwise the benefits of the warranty shall be limited to the agent and not
transferable to the undisclosed principal.
35 If the Purchaser fails to comply with one or more of these Terms and
Conditions of Sale, then in addition to all other remedies which it may have
at law or in equity, Goldberg may at its sole option, either (a) cancel the
sale, retaining all payments made by Purchaser as liquidated damages, it
being recognized that actual damages may be speculative or difficult to
compute, or (b) sell some or all of the property and (some or all other
property of the Purchaser held by Goldberg, if Goldberg deems necessary), in
a quantity sufficient in the opinion of Goldberg to satisfy the
indebtedness, plus all accrued charges. More than one such sale may take
place at the option of Goldberg. Such sale may take place without notice to
Purchaser. If Goldberg gives notice, it shall be by U.S.P.S. Certified
Mail, Return Receipt Requested to the address utilized on the Bid Sheet,
Auction Consignment and Security Agreement or other address known to
Goldberg. Such sale will be at Goldberg standard commission rates at public
or private sale, within California, or at another location outside of
California to be determined by Goldberg. At the time of sale the defaulting
party shall not bid nor be permitted to bid. The proceeds shall be applied
first to the satisfaction of any damages occasioned by Purchaser’s breach,
and then to the payment of any other indebtedness owing to Goldberg,
including without limitation, commissions, handling charges, the expenses of
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is not paid for, and is sold by Goldberg for Purchaser’s account, in
accordance with the Uniform Commercial Code, Goldberg shall not be required
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liable to Goldberg if the proceeds of such sale or sales is insufficient to
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excess of proceeds will be remitted to the Purchaser after first deducting
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interest to accrue thereon at the legal rate, until actually paid, which
lien shall apply against any property of Purchaser, including any future
goods of Purchaser coming into possession of Goldberg. To the extent
permitted by law, Purchaser hereby waives all the requirements of notice,
advertisement and disposition of proceeds required by law.
36 These Terms and Conditions of Sale and the auction shall be construed and
enforced in accordance with, and governed by, the laws of the State of
California, whether or not the auction is and these Terms and Conditions of
Sale are fully performed in California.
37 Purchaser acknowledges and agrees that the competent courts of the State
of California shall have exclusive jurisdiction over any dispute(s) arising
hereunder, and Purchaser hereby agrees that any dispute arising hereunder
shall be l itigated exclusively in the courts of the State of California,
and not elsewhere, regardless of any party’s current or future residence or
domicile. Purchaser further agrees that venue shall be in the Superior
Court of Los Angeles, in the State of California.
38 ATTORNEY FEES AND COSTS. The Bidder/Purchaser shall pay to Goldberg all
costs and expenses of collection of amounts due herein, or to otherwise
enforce any or all provisions of these Terms and Conditions of Sale, the
subject matter of these Terms and Conditions of Sale, or any other agreement
entered into with Goldberg, including but not limited to, reasonable
attorney fees and costs incurred before legal action, if any, is commenced.
The Bidder/Purchaser further agrees that in any litigation or other
proceeding based upon, arising out of or related to these Terms and
Conditions of Sale, the Bidder/Purchaser shall pay to Goldberg its attorney
fees and other expenses and costs incurred in connection with the litigation
or other proceeding if Goldberg is the prevailing party.
39 If any section of these Terms and Conditions of Sale or any term or
provision of any section is held to be invalid, void, or unenforceable by
any court of competent jurisdiction, the remaining sections or terms and
provisions of a section shall continue in full force and effect without
being impaired or invalidated in any way. AS STATED IN THE TERMS AND
CONDITIONS OF SALE Certain lots may be reserved by the Consignor. If the
Auctioneer identifies a Consignor bidding on his own property, an
announcment will be made that the Consignor is now bidding. If the
Consignor places a bid in the mail bid book and is successful, the
Auctioneer will announce that the lot has been passed.
40 These Terms and Conditions contain the entire agreement and understanding
between Goldberg and Bidder concerning the auction and any items bid on or
purchased at the auction. Bidder acknowedges that Goldberg has not made any
promises, representations or warrantee to bidder, not contained herein
concerning the auction and any items bid on or purchased at the auction.