SOLD
7,500.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2005 Oct 05 @ 16:31UTC-5 : EST/CDT
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MAGNIFICENT FRAMED OVAL OIL MINIATURE PORTRAIT OF A CONFEDERATE ARTILLERY LIEUTENANT FROM SOUTH CAROLINA. Oval portrait descended directly from the family of 2nd Lt. John Benjamin Witherspoon Phillips, Company B, Manigault's Battalion, SC Artillery, (Smith's Company). Portrait measures 5-1/2 x 4", is convex in form, and depicts an attractive young Confederate officer. His hair is swept to the left having long sideburns and a combed turned up mustache. He is wearing the gray frock coat of a Confederate 2nd Lt. of artillery with dbl-breasted frock coat with 14-button front, the edges piped in crimson, and sleeves decorated with the braid of his rank. On each side of the collar is a sgl gold bar indicating his rank, 2nd Lt. He is wearing the crimson sash of an officer with a sword belt and stylized oval belt plate. Hanging from his left waist is a gold watch fob and key. Painting is mounted in a multi layered mat, the primary being an oval gilt/gesso and wood frame approx. 1/4" deep overlaid by cream colored mat with a black edge decoration overlaid by a gray colored mat cut in trapezoidal form having a painted blue inner edge. Mats and painting are in a deep fancy wood and gesso frame faux painted to appear as ivory with two black lines. CONDITION: Painting is in excellent condition with bright colors and no defects. I am uncertain as to the substrate upon which this portrait was executed. Its smooth surface convex indicates that it may be painted on ivory or porcelain. CONDITION: Painting is in superb condition. Mats are very good with slight areas of dust and dirt. Frame is good with edged chipping here and there. Some of the gilt is fading. Back of the frame has been recovered in new paper. Accompanying the photograph are a number of documents and post war photographs. There is a post war carte de visite of Lieutenant Phillips standing next to his seated wife in civilian clothes. Photo is mounted on a pink card signed "S.T. Souder, Photo". Back mark is fancy Victorian printing in gold with an armorial crest "Souder/Charleston,/S.C./263 King St. opposite Hastel St". In addition, there is a cabinet card of his wife named Virginia Willis Phillips circa 1890 in a black dress with a pair of spectacles pinned to the left shoulder and having a large oval broche at her neck with a portrait of her husband within. Finally there is a photograph of Juilian Phillips in a 3/4 length view in full fraternal regalia (Lt. Phillips' son). CONDITION: Carte-de-visit is excellent. Slight wear to the top edge. Cabinet card of Virginia Phillips has been severely trimmed, forming roughly an oval. Photograph of his son is bent at the upper right hand corner and has a minor loss to the left-hand corner. Three documents accompany the portrait, one being partially printed oath of allegiance for Virginia Phillips of the District of Charleston, State of SC. Subscribed and sworn on March 24, 1865 before 2nd Lt. William B. Eaton 127th Regiment NY Vol. Second document is partially printed Amnesty Proclamation and Oath of Allegiance for J.B.W. Phillips dated September 4, 1865 before Maj. Levi Stuber, Provost Marshal. Third document is an A.L.S. from Jay Ford Puolean, Surgeon in Charge, Academy Hospital, Chester, SC. The letter reads: "Office Academy Hospital, Chester S.H., S.C., June 3d, 1865. Lt.: J.B.W. Phillips, "Company D" Mani-Gault's Battalion, A paroled Officer of Johnson's Army is hereby dischar-ged from this Hospital, to report home in accordance with the terms of his pa-role". CONDITION: Documents are in very good condition with light foxing overall. Virginia Phillips' parole has minor losses at the top edges. Lt. Phillips enlisted in Manigault's Battalion on February 28, 1862 as a Pvt. He became acting Battalion Ordnance Sergeant in June of 1862 and achieved that rank on January 31, 1863. On June 6, 1863, he was elected 2nd Lt. of Co. B and was detached as the Ordnance Officer and Legare's Point, S.C. He commanded 40 men in action on the Ashepoo in May of 1864. He commanded the reserves at Rivers' Causeway and spent time on picket duty and in charge of his company at Battery Island and Sucessionville. He participated in the evacuation of Charleston on February 17, 1865 and in the Battle of Bentonville, NC in March of 1865. He was paroled at Charleston, SC on September 4, 1865. A magnificent portrait accompanied by important military correspondence and documents, recently acquired from the Phillips family. 4-55120 (10,000-20,000)"
Auction Location:
12 Lafayette Road, Hampton Falls, New Hampshire, United States
Previewing Details:
Monday, October 3, 2005: 10:00am-5:30pm EST
Tuesday, October 4, 2005: 8:00-10:00am EST
Wednesday, October 5, 2005: 8:00-10:00am EST
Thursday, October 6, 2005: 8:00-10:00am EST
See terms and conditions
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
20% |
Additional Fees:
Shipping Details:
SHIPPING:
If you are the successful bidder and are unable to attend the auction in person or pick up your item, we will pack and ship your item for you. The costs for shipping include labor at $22 per hour, packing material and cartons, insurance at $0.55 per $99 valuation, and actual invoiced shipping charges.
AFTER THE SALE:
An invoice will be sent in the mail within 5-7 business days. Included will be a form for shipping instructions and a form for payment method.
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Discover
- Money Order/Bank Draft
- Check/Cheque
CONDITIONS OF SALE - PLEASE READ
Please be sure to read the conditions before participating in the sale.
For years, we have worked hard to develop a reputation for honesty and fairness. We have tried to apply this same principle in preparing this particular sale. So that you might know what the limitations are for this sale, we have tried to clearly outline the conditions below, which will specifically indicate how various circumstances will be handled.
1. GUARANTEE - We have attempted to make a consistent effort in cataloging and correctly describing the property to be sold. The catalog descriptions carry a limited guarantee. Please be sure that you know that. It is a guarantee to protect you against major discrepancies that would have a major effect upon the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value. This limited guarantee covers authenticity. It also covers any major restoration or repair not described. Also we guarantee against fakes, reproductions or major fabrications. As outlined above, our guarantee is limited, however, it is almost unique in a business that operates “Caveat Emptor”. This is not a perfect system, however, and it is important to be aware of that. Our intention is to be as fair as possible in our catalog descriptions but it is virtually impossible to adequately describe an antique or collectible item that has been used and shows signs of wear. If you are a discerning, highly particular customer, expecting mint or near mint condition, it is advisable that you not ever submit absentee bids here or at any auction house without seeing the item in person. Since your definition of condition might be far more particular than what any cataloger would have time or space to specify. The entire purpose of our catalog description is to give our readers a general description and idea of what the lot is and we will stand behind that description regarding a major discrepancy only. If the discrepancy is less than a major discrepancy, under no circumstances would any adjustment or refund be made. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalog unless we were able to contact you prior to the lot being sold and advise of this discrepancy. If we are unable to reach you or if time does not permit, we will not execute your bid. Please Note: the only thing we guarantee is what is in print in the catalog and what is announced from the block at the time of sale. Absolutely nothing discussed over the telephone or in person prior to the auction shall be construed as part of the guarantee. Since opinions can differ, particularly in the matter of condition, the auctioneer will be the sole judge in the matter of refunds. This guarantee is limited to the following time duration and limits. Please read:
A. TIME LIMIT: For live bidders it is expected that you have examined the items before you purchased them and that as you pick them up, you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the auction facility. If you are an absentee bidder then it is your responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is your responsibility to contact us immediately. Please note: All guarantees and options for refunds or adjustment become null and void 44 days after the auction. We pay consignors on the 45th day. Once we have paid our consignors we no longer have control for the payment and under no circumstances can we consider any refunds. If you suspect that there is a major discrepancy or problem with authenticity of your lot, it is your responsibility to contact our office before the 44 days are up and let us know that you need some extra time. We can usually make arrangements to extend the guarantee for a few days if you personally advise us. Please note: If you pay late and thus, receive your items late, it does not qualify for special privileges. The guarantee is null and void 44 days after the auction. It is your responsibility to pay for and acquire your purchases in a timely fashion. So if there is a major discrepancy, you have time to notify our office. Please remember that if you call us 46 days after the auction, there is nothing we can do about a major discrepancy except apologize to you. If you want to be considered for an adjustment or refund, it is your responsibility to notify us with 44 days after the auction.
B. LIMIT OF RESTITUTION: Under no circumstances will the auctioneer be responsible for lost profits or other financial damages. Refunds requested on the grounds of authenticity must be accompanied by at least a supporting written statement from an authority recognized by the auctioneers. Auctioneer will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs. If it is agreed that an item may be returned, it is the buyer’s responsibility to return it in the same condition as received.
C. TYPE OF RESTITUTION: An item that qualifies for an adjustment is limited to one of the following options:
1) Major problems, (i.e. fakes, significant alteration, major unannounced restoration, etc.) will result in full money back refund or adjustment in sale price or repair by the auctioneer. The auctioneer shall be the judge as to the final resolve.
2) Less than major problems or discrepancies are not part of the guarantee and no refund or adjustment will be considered for less than major problems.
2. RECEIPT OF GOODS - All goods sold will be tagged and can be claimed upon presentation of paid receipts ONLY. All items to be wrapped will be wrapped by the purchaser.
3. PROTESTED BIDS - In case of a disputed bid, the Auctioneer is the sole determinant as to who is the successful bidder and at his discretion may re-offer and resell the article in dispute.
4. TAX - There is no sales tax in the State of New Hampshire, thus anything bought and paid for and removed the days of the auction in New Hampshire are non-taxable. However, if yours is an absentee bid and you later have it shipped from our Fairfield offices, again there is no sales tax. But, if you are an absentee bidder and elect to pick up and pay for your things in Maine, the things will then be subject to tax unless you have a sales tax certificate.
5. NOMINAL BIDS - The Auctioneer may reject nominal bids, small opening bids or very nominal advances made with purpose of disparaging an item. If a lot fails to open for 25% to 30% of the low estimate, the item may be passed from the block by the Auctioneer and may not be re-offered until a later sale.
6. ABSENTEE BIDS - Phone, fax or mail bids will be accepted with a 20% deposit, late bids or last minute bids can be confirmed with a Visa or MasterCard number, in many cases. In such case, the bookkeeper will execute such bids competitively. It is entirely possible to buy items by absentee bid for less than your top bid price. Please Note: Absentee bids are a service provided to our customers free of charge. Every effort is made to execute all absentee bids; however, you must know that this is not a perfect system neither here nor at any other auction house. In the event of an error of omission or failure to properly execute absentee bids, the auctioneer shall not be held liable.
7. TERMS - All items are to paid for in American funds at the day of the auction. Non-residents who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction by presenting a current letter of reference from their bank or by providing references which are suitable to the auctioneer. Absentee Bidders - Directly after the auction a bill will be sent to you for the items you purchased and a total amount due. This bill is due upon presentation and must be paid immediately. The auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank, if the auctioneer deems such action necessary to protect his interest.
8. INTEREST AND DEFAULT - Payment is due upon receipt. If the buyer’s invoice is not paid in full within 15 days of the auction, James D. Julia, Inc. has the right and will charge the buyer’s credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% monthly (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales as well as any legal or collection fees incurred. James D. Julia, Inc. shall hold any money deposited in partial payment on account of any liability of the defaulted item.
9. RESERVES - Some items in this auction may carry a conservative reserve. Therefore, the auctioneer may bid on behalf of the owner or for the auction house. The purchaser will be the highest bidder acknowledged by the auctioneer. Please note that when a lot carries a reserve, the reserve is usually somewhere below the low estimate in the catalog. Actual reserve figures cannot be divulged, but we will tell you if an item carries a reserve should you ask.
10. WITHDRAWAL - We reserve the right to withdraw any property before sale and shall have no liability whatsoever for such withdrawal.
11. TITLE - A title passes upon the fall of the Auctioneer’s hammer. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. It is both the buyer’s risk and expense for removal and must be made at the conclusion of the sale unless other arrangements are made with the Julia’s Operations Manager. Please note any lots we might make arrangements for moving or storing are solely at the risk of the owner and any damage or loss occurring after the fall of the hammer becomes that of the buyer.
12. PHONE BIDS - At the discretion of the auctioneer, phone bidding may be arranged on more expensive items, (i.e. $500 or more). In order to make arrangements to bid on the telephone at the time a lot is being sold, you must contact our office in advance of the auction. We will make arrangements to call you just prior to the lot being sold so that you may bid over the telephone. There are usually a limited number of phone lines available into the room, so if you wish to bid over the telephone, it is important for you to make your arrangements early. “Cover-me Bids”: , if you wish to bid by telephone, you might also want to consider a “cover-me bid” at the time you make arrangements for phone bidding. A “cover-me bid” allows your phone contact here at Julia’s to still execute a predetermined bid amount for you in the case that they cannot get through to you on the telephone. Your phone agent is the only person who will have this bid and will only use it to bid in the event that he/she cannot reach you. Assuming you are reached via telephone, they would not use your bid, but rely on your verbal instructions.. “Cover-me bids” are not mandatory, you can place one at your discretion, they are simply a safety device in the event you cannot be reached by telephone in time.
13. AGENT RESPONSIBILITY - If you are registering or executing a bid for someone else under your number, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you’re executing or registering for pays you or not.
14. BUYER’S PREMIUM - Shall be reduced to 20% of the final bid price, to be paid by the buyer as part of the purchase price. This is assuming the account is paid by check, cash or any equivalent of cash. If you settle your account by credit card the buyer’s premium then shall be the standard 22% of the final bid price which will be applied to each lot sold to be paid by the buyer as part of the purchase price.
15. LEGAL DISPUTE - Any legal disputes arising from this auction shall be settled in the court system in the State of Maine.
16. UNIFORM COMMERCIAL CODE - The Maine Uniform Commercial Code, Title 11, Section 2-328 applies to this auction sale.
17. ACCEPTANCE OF CONDITIONS - Bidding on article(s) indicates your acceptance of all of the above terms.
18. MAINE AUCTIONEER RULES AND REGULATIONS - The Maine Auctioneer Rules and regulations are regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta, Maine 04333.
19. AUCTIONEER’S LICENSE NUMBERS: ME License #AR83; NH License #2511: Mass. License #1406
NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.