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This item SOLD at 2013 Apr 20 @ 11:18UTC-7 : PDT/MST
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American Revolution
Historic Revolutionary War Content Philadelphia Letter Days Prior to British General Howe’s Occupation of That City
September 8, 1777-Dated Revolutionary War Period, Autograph Letter Signed, "Jn Turner," Philadelphia, PA, Choice Very Fine.
Original 1 page Letter, measuring 13" x 8," written by John Turner to “Capt. William Smith of the 3d Class of Philadelphia Militia, Commd. By Colo. Jona [Jonathan] B. Smith, Brandywine Mills,” asking for advice should the British Army move on Philadelphia. Here, Turner writes, in full:
"Dr. [Dear] Sir - I think it Prudent to know what you mean to do in case the famous City of Philda. Cannot be Saved, and you Cannot be able to Leave your duty (God Forbid it Should hapen) but at the same time it is Acting The Part of a good Genl. to be prepared for a Retreat your advice in Case your absent will not a Little Contribute to make Easy your Humble Serv: as I think and look upon it to be my duty to take Care of your Interests as if it were my own for the favours you have done and Offered, I am with Respect Dr. [Dear] Sir - Your very Humble Serv - Jn Turner"
He then adds: “Dr. Sir, please to give my Compliments to Mr. Manifold and all that Enquire after your Humble Serv. J.T. N.B.Carson, Leland, Holingsworth, Lawrence &c are pd. [paid] and about Twelve hundred Dollars in Bank - and goods wholesale to be Bought tomorrow I will purchase as many woolen Hose in market as I can. A Great Qty. of goods is pack'd Ready for flight by a member in Town - J. T." (An accounting follows of persons and goods paid.)
In the following days, the Americans would battle the British Army at Brandywine Creek. The on September 11th, the American Army would be forced to withdraw toward Philadelphia. The Continental Congress would soon flee to Lancaster, Pennsylvania, on September 19th, 1777. The pursuing British Army under the Command of General William Howe, would triumphantly march into Philadelphia on September 26, 1777. They would occupy that city until the following Spring of 1778.
Commanding General George Washington and the Continental Army would wait them out, suffering that terrible Winter at Valley Forge, PA. This great content, historic letter, vividly illustrates the great panic which reigned in Philadelphia preceding the British advance. Aside from some light folds, a few marginal tears and light toning, this rare Document remains whole and fully readable. Even the written text is very dramatic in it’s strong, deliberate strokes, written in dark brown. An important Revolutionary War Letter with truly exciting content, preparing for the military fall of the City of Philadelphia in September of 1777.
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Taxes:
| Tax | Rate | Desc. |
| CST |
7.5% |
California |
| SST |
8% |
San Diego County |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
18% |
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6. Guarantees of Authenticity.
Unless otherwise indicated in the Catalog, the Merchandise offered for sale at the Auction shall be guaranteed by EAHA to be authentic and as described in the Catalog; it being understood that SUCH GUARANTEE SHALL BE VALID FOR A PERIOD OF THIRTY (30) CALENDAR DAYS ONLY FOLLOWING the Auction Date; it being further understood that after thirty (30) calendar days, no purchased Merchandise can be returned by a successful Bidder(s) under any circumstances; it being further understood that this limited guarantee is extended only to the original Purchaser of record, and to be effective requires the timely presentation of the original sales invoice as well as verification that the item of Merchandise is in the same exact condition as when originally sold. After thirty (30) calendar days, should any claim regarding authenticity of the Merchandise arise, at the sole discretion of EAHA, EAHA may elect to assign any rights it has against the original Consignor it may hold. It being understood and agreed that such an assignment, if granted by EAHA, shall not be considered an obligation and EAHA shall be completely removed from any further involvement or responsibility.
7. Descriptions and Grading.
a. Bidder(s) acknowledge that all gradings of coin Merchandise sold in the Auction have been determined by independent grading services, and/or by EAHA; it being understood that the successful Bidder(s) acknowledge that the grading of rare coin(s) and currency is subjective and accordingly may differ among independent grading services and among expert numismatists, and that such grading may have a material effect on the ultimate Auction value of the coin Merchandise.
b. EAHA shall not be responsible for the grade(s) assigned by independent grading services, and makes no warranty or representation regarding such grade(s). All third party graded lots are sold “AS IS” and are not returnable.
c. Lot description(s) are based solely upon an examination of the coin(s), and are not intended to describe in detail any perceived special characteristics; it being understood that Bidder(s) acknowledge that coin grading and perception(s) are inherently subjective.
d. EAHA does not warrant the accuracy of the description(s) and the photograph(s) contained in the Catalog, and that the Bidder acknowledges and agrees that the actual Merchandise offered for sale may vary in size and/or scale from any photograph(s) and/or description of the Lot in the Catalog.
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NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT IN THE CATALOG, AND NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR A WARRANTY OF TITLE; IT BEING UNDERSTOOD THAT ALL LOTS OFFERED FOR SALE ARE SOLD ON AN “AS IS” BASIS AND THAT THE PURCHASER CONSEQUENTLY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A GIVEN LOT.
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All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
BIDDER EXPRESSLY WAIVES AND RELEASES, AND FOREVER DISCHARGES EAHA FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS AND CAUSE(S) OF ACTIONS AND SUIT(S), OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, CLAIM(S) BASED UPON AUCTIONEER’S NEGLIGENCE, WHETHER IN LAW OR EQUITY OR WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH BIDDER MAY CLAIM TO HAVE WITH RESPECT TO AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO ANY MERCHANDISE PURCHASED AT THE AUCTION, THE AUCTION PROCEDURES, OR THE PURCHASE OF ANY LOT(S); IT BEING THE INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM, DEMAND, CAUSE OF ACTION AND/OR SUIT OR CONTROVERSY THAT MAY ARISE HEREUNDER OR BE RELATED TO THE AUCTION
ALL BIDDER(S) BY SUBMITTING A BID IN THE AUCTION KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON THE BIDDER BY LAW OR BY THE PROVISION(S) OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS IN FULL AS FOLLOWS:
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All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. If a dispute arises concerning ownership of a given Lot that has been Bid upon or concerning proceeds of any sale, EAHA reserves the right to commence a statutory Inter-Pleader or similar proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys’ fees and costs.
b. Neither EAHA nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of these General Terms and Conditions, the Auction or the conduct thereof and in no event shall such liability exceed the Purchase Price, premium, or fees paid.
c. If the Bidder fails to comply with one or more of these General Terms and Conditions, then, in addition to all other remedies which it may have at law or in equity, EAHA may at its sole option either rescind the sale, retaining all payments made by Bidder as liquidated damages; it being recognized that actual damages may be speculative or difficult to compute, or sell a portion or all of the Lot(s) held by EAHA, in a quantity sufficient in the opinion of EAHA to satisfy the indebtedness, plus all accrued charges, and EAHA may sell such portion at an Auction or private sale conducted by EAHA and charge a seller’s commission that is commercially reasonable. More than one such sale may take place at the option of EAHA. Notice of the sale shall be by U.S.P.S. Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by EAHA. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder’s breach, then to any other indebtedness owed to EAHA, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys’ fees, costs, collection agency fees and costs and any other costs or expenses incurred.
d. It/he/she shall be liable to EAHA if the proceeds of such sale(s) insufficient to cover the indebtedness.
e. The rights granted to the Bidder(s) under the within General Terms and Conditions are personal and apply only to the Bidder(s) who initially purchase the Lot(s) at the Auction, and no rights may be assigned or transferred to any other person or entity, and any attempt to assign or transfer any such rights shall be absolutely void and unenforceable.
f. Any dispute arising out of or related to these General Terms and Conditions, the Auction or any Lot, with the sole exception of actions by EAHA to collect the purchase price and other damages, shall be submitted to binding Arbitration with the venue of all hearings to be in San Diego and pursuant to the rules of the American Arbitration Association and/or the Professional Numismatics Guild (“PNG”) at”EAHA’s exclusive option.
11. Miscellaneous Terms.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. These General Terms and Conditions and the Auction shall be construed and enforced in accordance with and governed by the laws of the State of California, regardless of the location of the Auction.
b. These General Terms and Conditions, and the information on EAHA’s website, constitute the entire Agreement between EAHA and the Bidder(s) and supersede all other agreements, understandings, warranties and representations of and concerning the Auction and subject matter hereof.
c. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
d. If any part of these General Terms and Conditions, or any term or provision of any part is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portion(s) shall remain and be in full force and effect.
12. Definitions
a. The term “Absentee Bid” shall mean all Bids placed via mail, phone, fax, email and website.
b. The term “Auction” shall mean an auction authorized and conducted under the auspices of “EAHA” and under these General Terms and Conditions.
c. The term “Auction Date” shall mean the date the Auction is conducted.
d. The term “Auctioneer” shall mean an individual(s) duly licensed and designated by “EAHA” to conduct the Auction.
e. The term “Bid” shall mean a bona fide Bid made by a “Bidder” which is officially acknowledged and accepted by the Auctioneer at the Auction on the Auction Date.
f. The term “Bidder” shall mean an individual or entity that submits a legally binding and bona fide Bid to the Auctioneer at the Auction.
g. The term “Catalog” shall mean the official publication issued by EAHA and transmitted to potential Bidder(s) in advance of the Auction.
h. The term “Cataloguer” shall mean the individual(s) that has described the “Lot(s)” contained in the Catalog for the Auction.
i. The term “Consignment Agreement” shall mean the written agreement(s) between “EAHA” and a given “Consignor” available at “EAHA’s” offices.
j. The term “Consignor” shall mean the owner of the “Merchandise” offered for sale by “Lot” at the Auction.
k. The term “Description” shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
l. The term “LiveAuctioneers” shall mean the Internet accessible service provided by Live Auctioneers, LLC of New York, NY.
The term “iCollector” shall mean the Internet accessible service provided by iCollector Online Auctions Port Coquitlam, British Columbia, Canada.
The term “ArtFact” shall mean the Internet accessible service provided by Artfact, LLC., Allston, MA 02134.
m. The term “EAHA” shall mean collectively Early American History Auctions, Inc. and/or any subsidiary or affiliated entity and/or Officer(s), Director(s) and/or employee(s) of EAHA.
n. The term “Fair Market Value” shall mean the sale price a given Lot is expected by the Cataloguer to realize at the Auction from the Bidder(s).
o. The term “Hammer Price” shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
p. The term “Holder” shall mean the original frame, container, case or clear plastic sleeve, labeled with the “Lot” number, in which the “Merchandise” is delivered by the Consignor to the successful Bidder at an Auction.
q. The term “Lot(s)” shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
r. The term “Low Estimate” shall mean the low range of the sale price that a Lot is expected by the Cataloguer to realize at the Auction.
s. The term “Merchandise” shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
t. The term “Purchaser” shall mean the successful Bidder at the Auction on the Auction Date.
u. The term “Purchaser’s Premium” shall mean the commission that is automatically charged by “EAHA” to each successful Bidder at the Auction in a sum equal to eighteen percent (18%) of the “Hammer Price”.
v. The term “Reserve” is a confidential price below which the Auctioneer will not sell a given Lot, and/or will re-purchase on behalf of the Consignor or EAHA.
w. The term “Settlement Date” shall mean a time forty-five (45) days after the Auction Date.