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American Revolution
Militia Officers’ Waistcoat Patriot Spy / Courier / Emissary Dr. Samuel Nicoll of New York, Identified in a 1778 Letter Sent to General George Washington from Revolutionary War New York “Spymaster” Major Benjamin Tallmadge Dr. Nicoll’s Militia Officers’ Waistcoat Ex: King's College / Columbia University, Display Housed Since its 1929 Donation and Deaccessioned
c. 1778 to 1780 Identified Militia Officers Silk Waistcoat Belonging to Dr. Samuel Nicoll (1754-1796) being an Apparent Courier / Spy / Emissary for George Washington’s New York Master Spymaster Benjamin Tallmadge (Washington Papers not present) of Culper Ring fame, Original Revolutionary War Era, Decorative Floral Embroidered Silk Man’s Waistcoat complete with all Buttons, Display Framed, Choice Very Fine.
In November 1778 General George Washington determined the need to increase intelligence regarding British Troop movements. For this critical intelligence gathering he engaged Major Benjamin Tallmadge of New York to create a secrect Patriot Spy network to report this military intelligence directly to Washington himself. Immediately, Benjamin Tallmadge wrote to General Washington wherein Dr. Samuel Nicoll (1754-1796) is specifically mentioned, dated November 29, 1778. That Tallmadge letter (not present) reads, in full as follows: From: National Archives, Founder’s Online: (Letter) To George Washington from Major Benjamin Tallmadge, 29 November 1778 - From Major Benjamin Tallmadge - Bedford (N.Y.):
To George Washington from Major Benjamin Tallmadge, 29 November 1778:
“Bedford [N.Y.] Novr 29th 1778 -- Sir
I have just recd a letter from C—— (Samuel Culper) which I have the honour to enclose & forward pr Dragoon. I can further assure your Excellency that a Copy of your late instructions has been duly recd by him, an answer to which may be expected by the 6th ensuing.
My Anxiety for C——’s (Culper’s) feelings in his present situation indu[c]es me once more to remind your Excellency of the necessity of having your further directions how to carry on the Correspondence in future. If I am not much mistaken your Excellency was pleased to promise some instructions before we should leave this post. I am doubly uneasy on this head, least the matter may have escaped your attention, inasmuch as we hourly expect a movemt Colo. Sheldon having recd orders for this purpose. When the Corps moves I shall move on with the Regt tho’ I hope & anxiously expect the return of the Bearer, before we reach Fairfd, that I may arrange matters at that place agreeable to your Excellency’s mind.
It may not be amiss to observe, in addition to C——’s (Culper’s) Letter, that the Gentleman mentioned by him to have lately arrived from England, is one Doctr Nicoll, a Gentleman of my Acquaintance, on the Veracity of whose Report, I have been persuaded I might safely depend.
Your Excellency will perceive, by the enclosed that C—— has drawn for 26 or 27 Guineas. In addition to this he has forwarded an Order for the payment of sd Money to his Friend. If your Excellency should see fit to transmit any money, it may be safely intrusted to the Bearer, on whose Integrity I could depend, in matters of much greater importance. With the most profound respect, I am, your most obedt hble Servt --- Benja. Tallmadge”.
_____
*Note: Additional documentation from the Papers of Benjamin Tallmadge and Family. Letter was carried “pr Corpl Hubbard.”
1. The enclosed Letter of 23 Nov. from Samuel Culper to (Benjamin) Tallmadge reads:
“The inclosed will explain to you a meeting of the Inhabitants, At which I was Present, and with Satisfaction beheld their dejected Countenances, The Commissoners Sales this day in the Roebuck, it is Sd Lord Cornwallace is a going with them, The Second Division under Brig. Gel Cambell that have laid Some time at Sandy Hook, on the Account D. Estang Sailing consisting of about Three Thousand Troops, are to Sail this day, Two Ships with Troops drove to Sea in a violent gale of Wind from the Northward about the 10 Inst. and have not bene heard of Since, A Friget (sic) Sent yesterday, with all expedition to Rode Island Said for Transports, The Bedford in the Harbour lost her fore and Missen Mast, is to go home under Jurey Masts with expedition, She was one of four in A. Byrons fleet, that was Missing after the gale of Wind the begining of the Month. With her Came in the Richmond Friget dismasted.
The Cannon and Feild Pieces, Are removed from the Common, to Fort George, Some of the Cannon on that Fort, and the Batrey near it are Put as Ballace on board Several Transports, on the 19 Intt. Some Capital Merchants were very buisy the day and night following in packing and Puting their goods on Board Ships, The whole of the Kings Troops on York Island includeing out Posts, Doth not exceed Three Thousand five Hundred men, And not much to be feard from the Inhabitants The Whole City Seazed with a Panik and a general dissatisfaction Taken Place, I am firmely of Opinion that a Sudden Attack of Ten Thousand men Would take the City and Put an end to the War and Save the Stores and L. Island from devastation all the best of their Troops are on L. Island, There is about 300 most of Them Hessians at B. ferry 350 N. Town British, 1500 do Jamacia, 800 Yaugers flushing, 200 Jerico Most of them dragons, 400 foot 70 dragons Oyster bay 150 Loyds Neck N. Leveys 400 Hempteed Dragons, Striping Barnes and out Houses, for Board to build Huts for Winter, 40 Waggons 100 Troops this day at Smith Town Collecting Cattele Sheep Boards &c.
They make no distinction betricxt Whig & Tory, Abuse all to a great degree, and no redress Can be obtaind, C. D. Estangs dispaches for France are Taken and Brought to Town but are Cypers Prepared So they Cannot be found out, I will Note to you that much Provision is brought to Town from the Jerseys Privately flour beef &c. I Saw a Gentleman of my acquaintance lately from England where he hath bene three years he Saith Independan[c]e will Certainly be granted this Session of Parliment, my bussiness is expensive, So dangerous Traviling that I am Oblidged to give my assistants high Wages but am as Spairing as Possible.
I have Drawn on you for fifty Pounds in Specie york Money which Pleas accept, I Should be glad to have given you a better account but it Cannot be obtaind their Mænuvers are So Strange that Causes every one to admire” (DLC:GW).
The enclosure to which (Spy) Culper refers is a print Broadside dated 19 Nov.: “A MEETING of the Inhabitants having been called this Day by Permission of His Excellency the Commander in Chief, to address His Majesty’s Commissioners previous to the Departure of Lord CARLISLE and Mr. EDEN, and the Persons attending, being by no Means a Majority of the Inhabitants, owing to the Shortness of the Notice, and for Want of knowing that the Invitation was General. The Gentlemen met, being desirous of giving all the Inhabitants within the Lines an Opportunity of declaring their Sentiments, have adjourned the Meeting till this Evening, being Friday, at 5 o’Clock, at Hick’s Tavern when they request every Inhabitant, as well Refugees as Others, will give their Attendance” (DLC:GW).
2. Note: See George Washington to Tallmadge, 18 Nov., and Tallmadge to GW, 11 December.
3. Note: Dr. Samuel Nicoll (1754–1796) received his M.B. from King’s College (later Columbia College), N.Y., in 1774, and his M.D. from the University of Edinburgh in 1776; he also studied medicine in Paris. He was professor of medical chemistry at Columbia College 1792–94.
https://founders.archives.gov/documents/Washington/03-18-02-0362
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Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhattan, Columbia is the oldest institution of higher education in New York and the fifth-oldest institution of higher learning in the United States and is considered one of the most prestigious schools in the world.
It is one of nine Colonial colleges founded prior to the Declaration of Independence, seven of which belong to the Ivy League. Columbia is ranked among the top universities in the world.
Columbia was established by Royal Charter under George II of Great Britain. It was renamed Columbia College in 1784 following the American Revolution, and in 1787 was placed under a private board of trustees headed by former students Alexander Hamilton and John Jay.
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While America’s colonial years were filled with new settlements, growing cities, and a revolution, the fashion of the 1700s was imported from overseas. As the United States fought to separate from England, colonial style was adopted from France, the nation that helped young America with its revolution.
Men of the 18th century’s colonial years followed French style, wearing decorative and colorful waistcoats as part of their everyday attire. Often lavishly embroidered and crafted from different types of fabric including silk, cotton, brocade, and wool, the waistcoat was a crucial piece of man’s suiting.
A man without a waistcoat was often viewed as “undressed” during the colonial period if he stepped out of his home in only a coat or shirt. The colonial waistcoat resembled a stylish vest, hitting the upper part of the thigh in length and opening into an upside-down “V” past the stomach. Men began wearing their waistcoats at a young age, making them a centerpiece of any important colonial figure’s attire. All of America’s prominent voices of the 18th century donned waistcoats, from Benjamin Franklin to Thomas Paine.
Yet the colonial vest, or waistcoat, also became a symbol of American men during the Revolutionary War. Men followed George Washington, America’s first president and hero of the Revolutionary War, who wore a waistcoat when he took to the political stage and the battlefield.
As men and young teenagers took to the battlefield, shrouded in cannon explosions and gun smoke, they all donned the same attire: a pair of breeches, a uniform jacket, and a waistcoat. The waistcoat was true to the era’s style, and revolutionaries knew how to distinguish who was a British Red Coat and who was an American Continental based on uniform attire like a Revolutionary War waistcoat.
This men’s American Revolutionary War colonial vest, or waistcoat, is the authentic attire seen on the battlefields of the 18th century as a Continental Army waistcoat. It is historically accurate, a waistcoat later reproductions would model to resemble this authentic example worn by a Revolutionary War soldier.
If only this fancy quality Embroidered Man’s Waistcoat could speak. Sealed within its display it measures about 25” x 30”, display mounted with tiny tacks on a red felt background within a 36” wide x 3” deep x 36” tall glass sealed wooden frame. This Waistcoat / Vest is complete with all 11 buttons present. Some minor sweat stain along the collar and the left underarm, yet overall is excellent whole and solid condition. Floral decorative embroidery along the center, collar, lower edge and pocket flaps enhance its Colonial period eye appeal.
A later, circa 1929, vintage typed pedigree identification tag is attached to the frame’s reverse backing. It identifies this waistcoat as belonged to: Dr. Samuel Nicoll (1754-1796) of Maryland and New York. The tag reads: “A gift of Mrs. Mortimer Lamson Earle (great-great-granddaughter) Gift to Columbia University October 1929”. (This wooden shadow box display was subsequently deaccessioned.)
Dr. Samuel Nicoll received his M.B. from King's College (later Columbia College / University), New York in 1774, and his M.D. from the University of Edinburgh in 1776; he also studied medicine in Paris. He was professor of medical chemistry at Columbia College 1792–94 and he became a Trustee of Columbia College in 1795, deceased 1796.
American Revolutionary War period 18th century Man's Vest / Waistcoat, it’s design and style being that worn by American Continental Army Officers and High-ranking Militia Officers. It measures about 16” x 27”. In remarkably nice original condition but for light wear. It is fully complete with all 11 buttons present, and exceptionally bright appearing with original hand embroidering accomplished around the edges, over its 2 pockets, the collar, and even on the buttons in decoration. Small, colorful, embroidered small leaves and rays are scattered about in the fields on the front of this vest as further decoration. The material on the front is white Silk or fine Linen; the back is a somewhat more rough cotton fabric material. There is some very faint water staining and light soiling near the collar, mentioned only for the sake of full accuracy; overall, this is a stunning historical piece that is excellent for display. This men’s American Revolutionary War colonial vest, or waistcoat, is the authentic attire seen on the battlefields of the 18th century as a Continental Army waistcoat. It is historically accurate, and an authentic example worn by a Revolutionary War soldier. Type as illustrated with similar vests, pictured in the Neumann and Kravic reference: “Collector’s Illustrated Encyclopedia of the American Revolution,” page 271. Reference See: National Archives, Founder’s Online: To George Washington from Major Benjamin Tallmadge, 29 November 1778 - From Major Benjamin Tallmadge - Bedford (N.Y.).”
Reference:
“To George Washington from Major Benjamin Tallmadge, 29 November 1778,” Founders Online, National Archives: https://founders.archives.gov/documents/Washington/03-18-02-0362. [Original source: The Papers of George Washington, Revolutionary War Series, vol. 18, 1 November 1778 - 14 January 1779, ed. Edward G. Lengel. Charlottesville: University of Virginia Press, 2008, pp. 339–341.]
Benjamin Tallmadge (1754-1835) was an American military officer, spymaster, and politician. He is best known for his service as an officer in the Continental Army during the American Revolutionary War. He acted as the Spy Master Leader of the “Culper Ring” during the war. This a celebrated network of Patriot Spies in New York where major British forces were based. He also led a successful raid across Long Island that culminated in the Battle of Fort St. George. After the war, Tallmadge was elected to the US House of Representatives as a member of the Federalist Party. Tallmadge graduated from Yale in 1773 and was a classmate of American Revolutionary War spy Nathan Hale.
Tallmadge was in charge of bringing intelligence from British-controlled New York to the General George Washington and the Continental army, and he did so by assembling a network of spies known as the Culper Spy Ring, in this letter of introduction presenting the entrusted Dr. Samuel Nicoll as a Letter courier to George Washington (Washington Papers).
Most notably, The Culper Spy Ring was involved in revealing the betrayal of General Benedict Arnold. Benedict Arnold's British contact John André was caught and taken to North Castle, where commander Colonel Jameson ordered lieutenant Allen to take the incriminating documents found with André to their commander Benedict Arnold at West Point. Tallmadge suspected André to be a spy and Benedict Arnold to be his accomplice, and he tried to have Jameson reverse his orders. He was unsuccessful, but did convince Jameson to send a rider and take Andre to Salem, eight miles east of the Hudson River and to send the documents to George Washington. Allen still reported to Benedict Arnold with Jameson's note outlining the events. Later, Jameson was chastised by Washington for warning Arnold and allowing his escape. André was placed in Tallmadge's custody awaiting execution.
Tallmadge served at Washington's headquarters from March 1781 until the Continental Army was disbanded in November 1783. He was admitted as an original member of The Society of the Cincinnati in the State of Connecticut when it was established in July 1783. He subsequently served as Assistant Treasuer (1785–1789), Treasurer (1789–1793), Vice President (1793–1796) and President (1796–1801) of the Society of the Cincinnati in the state of Connecticut.
An extraordinary tangible discovery.
From: National Archives, Founder’s Online: (Letter) To George Washington from Major Benjamin Tallmadge, 29 November 1778 - From Major Benjamin Tallmadge - Bedford (N.Y.).”
Dr. Samuel Nicoll (1754-1796) is mentioned in a Letter to General George Washington from Benjamin Tallmadge, dated November 29, 1778. The Letter reads, in full, as follows:
To George Washington from Major Benjamin Tallmadge, 29 November 1778
(From Major Benjamin Tallmadge)
“Bedford [N.Y.] Novr 29th 1778 -- Sir
I have just recd a letter from C—— (Samuel Culper) which I have the honour to enclose & forward pr Dragoon.1 I can further assure your Excellency that a Copy of your late instructions has been duly recd by him, an answer to which may be expected by the 6th ensuing. (2)
My Anxiety for C——’s feelings in his present situation indu[c]es me once more to remind your Excellency of the necessity of having your further directions how to carry on the Correspondence in future. If I am not much mistaken your Excellency was pleased to promise some instructions before we should leave this post. I am doubly uneasy on this head, least the matter may have escaped your attention, inasmuch as we hourly expect a movemt Colo. Sheldon having recd orders for this purpose. When the Corps moves I shall move on with the Regt tho’ I hope & anxiously expect the return of the Bearer, before we reach Fairfd, that I may arrange matters at that place agreeable to your Excellency’s mind.
It may not be amiss to observe, in addition to C——’s Letter, that the Gentleman mentioned by him to have lately arrived from England, is one Doctr Nicoll, a Gentleman of my Acquaintance, on the Veracity of whose Report, I have been persuaded I might safely depend. (3)
Your Excellency will perceive, by the enclosed that C—— has drawn for 26 or 27 Guineas. In addition to this he has forwarded an Order for the payment of sd Money to his Friend. If your Excellency should see fit to transmit any money, it may be safely intrusted to the Bearer, on whose Integrity I could depend, in matters of much greater importance. With the most profound respect, I am, your most obedt hble Servt --- Benja. Tallmadge”.
_____
From the Papers of Benjamin Tallmadge and Family. Letter was carried “pr Corpl Hubbard.”
1. The enclosed Letter of 23 Nov. from Samuel Culper to (Benjamin) Tallmadge reads:
“The inclosed will explain to you a meeting of the Inhabitants, At which I was Present, and with Satisfaction beheld their dejected Countenances, The Commissoners Sales this day in the Roebuck, it is Sd Lord Cornwallace is a going with them, The Second Division under Brig. Gel Cambell that have laid Some time at Sandy Hook, on the Account D. Estang Sailing consisting of about Three Thousand Troops, are to Sail this day, Two Ships with Troops drove to Sea in a violent gale of Wind from the Northward about the 10 Inst. and have not bene heard of Since, A Friget Sent yesterday, with all expedition to Rode Island Said for Transports, The Bedford in the Harbour lost her fore and Missen Mast, is to go home under Jurey Masts with expedition, She was one of four in A. Byrons fleet, that was Missing after the gale of Wind the begining of the Month. With her Came in the Richmond Friget dismasted. The Cannon and Feild Pieces, Are removed from the Common, to Fort George, Some of the Cannon on that Fort, and the Batrey near it are Put as Ballace on board Several Transports, on the 19 Intt. Some Capital Merchants were very buisy the day and night following in packing and Puting their goods on Board Ships, The whole of the Kings Troops on York Island includeing out Posts, Doth not exceed Three Thousand five Hundred men, And not much to be feard from the Inhabitants The Whole City Seazed with a Panik and a general dissatisfaction Taken Place, I am firmely of Opinion that a Sudden Attack of Ten Thousand men Would take the City and Put an end to the War and Save the Stores and L. Island from devastation all the best of their Troops are on L. Island, There is about 300 most of Them Hessians at B. ferry 350 N. Town British, 1500 do Jamacia, 800 Yaugers flushing, 200 Jerico Most of them dragons, 400 foot 70 dragons Oyster bay 150 Loyds Neck N. Leveys 400 Hempteed Dragons, Striping Barnes and out Houses, for Board to build Huts for Winter, 40 Waggons 100 Troops this day at Smith Town Collecting Cattele Sheep Boards &c. They make no distinction betricxt Whig & Tory, Abuse all to a great degree, and no redress Can be obtaind, C. D. Estangs dispaches for France are Taken and Brought to Town but are Cypers Prepared So they Cannot be found out, I will Note to you that much Provision is brought to Town from the Jerseys Privately flour beef &c. I Saw a Gentleman of my acquaintance lately from England where he hath bene three years he Saith Independan[c]e will Certainly be granted this Session of Parliment, my bussiness is expensive, So dangerous Traviling that I am Oblidged to give my assistants high Wages but am as Spairing as Possible. I have Drawn on you for fifty Pounds in Specie york Money which Pleas accept, I Should be glad to have given you a better account but it Cannot be obtaind their Mænuvers are So Strange that Causes every one to admire” (DLC:GW).
The enclosure to which (Spy) Culper refers is a print Broadside dated 19 Nov.: “A MEETING of the Inhabitants having been called this Day by Permission of His Excellency the Commander in Chief, to address His Majesty’s Commissioners previous to the Departure of Lord CARLISLE and Mr. EDEN, and the Persons attending, being by no Means a Majority of the Inhabitants, owing to the Shortness of the Notice, and for Want of knowing that the Invitation was General. The Gentlemen met, being desirous of giving all the Inhabitants within the Lines an Opportunity of declaring their Sentiments, have adjourned the Meeting till this Evening, being Friday, at 5 o’Clock, at Hick’s Tavern when they request every Inhabitant, as well Refugees as Others, will give their Attendance” (DLC:GW).
2. See GW to Tallmadge, 18 Nov., and Tallmadge to GW, 11 December.
3. Dr. Samuel Nicoll (1754–1796) received his M.B. from King’s College (later Columbia College), N.Y., in 1774, and his M.D. from the University of Edinburgh in 1776; he also studied medicine in Paris. He was professor of medical chemistry at Columbia College 1792–94.
https://founders.archives.gov/documents/Washington/03-18-02-0362
_____
Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhattan, Columbia is the oldest institution of higher education in New York and the fifth-oldest institution of higher learning in the United States and is considered one of the most prestigious schools in the world.
It is one of nine Colonial colleges founded prior to the Declaration of Independence, seven of which belong to the Ivy League. Columbia is ranked among the top universities in the world.
Columbia was established by Royal Charter under George II of Great Britain. It was renamed Columbia College in 1784 following the American Revolution, and in 1787 was placed under a private board of trustees headed by former students Alexander Hamilton and John Jay.
______
While America’s colonial years were filled with new settlements, growing cities, and a revolution, the fashion of the 1700s was imported from overseas. As the United States fought to separate from England, colonial style was adopted from France, the nation that helped young America with its revolution.
Men of the 18th century’s colonial years followed French style, wearing decorative and colorful waistcoats as part of their everyday attire. Often lavishly embroidered and crafted from different types of fabric including silk, cotton, brocade, and wool, the waistcoat was a crucial piece of man’s suiting.
A man without a waistcoat was often viewed as “undressed” during the colonial period if he stepped out of his home in only a coat or shirt. The colonial waistcoat resembled a stylish vest, hitting the upper part of the thigh in length and opening into an upside-down “V” past the stomach. Men began wearing their waistcoats at a young age, making them a centerpiece of any important colonial figure’s attire. All of America’s prominent voices of the 18th century donned waistcoats, from Benjamin Franklin to Thomas Paine.
Yet the colonial vest, or waistcoat, also became a symbol of American men during the Revolutionary War. Men followed George Washington, America’s first president and hero of the Revolutionary War, who wore a waistcoat when he took to the political stage and the battlefield.
As men and young teenagers took to the battlefield, shrouded in cannon explosions and gun smoke, they all donned the same attire: a pair of breeches, a uniform jacket, and a waistcoat. The waistcoat was true to the era’s style, and revolutionaries knew how to distinguish who was a British Red Coat and who was an American Continental based on uniform attire like a Revolutionary War waistcoat.
This men’s American Revolutionary War colonial vest, or waistcoat, is the authentic attire seen on the battlefields of the 18th century as a Continental Army waistcoat. It is historically accurate, a waistcoat later reproductions would model to resemble this authentic example worn by a Revolutionary War soldier.
A quality men’s American Revolutionary War colonial vest typically used for a colonial period ball, historical experience in life of an 18th century man fighting the Revolutionary War.
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q. EAHA reserves the right to withdraw any Lot(s) prior to the Hammer Price being accepted by the Auctioneer.
r. No Bidder shall have a right to claim any special or consequential damages from EAHA for any reason whatsoever.
3. Bidder Registration Required.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. It/he/she duly registered to Bid at the Auction having fully completed and transmitted to EAHA the necessary Auction Bid form(s).
b. The invoice describing a given Lot by number shall include the Merchandise described in the Catalog by the Cataloguer.
4. Prices, Payment and Delivery.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. All payment(s) for Merchandise shall be made by check, money order, cashier's check, bank wire, credit card or in cash (U.S. currency only); Bidder(s) who have not established credit with EAHA must first furnish satisfactory credit references to EAHA and/or deposit at least twenty-five percent (25%) of their total Bid(s) for that Auction, or such other amount(s) as EAHA may, in its sole and absolute discretion, require before such Bid(s) will be accepted; it being understood that deposit(s) submitted will be applied to purchases and any remaining deposit(s) will be refunded upon clearance of funds. A 4.25% transaction fee will be added to any payment made by Credit Card, Debit Card, PayPal or any method other than check.
b. California Sales Tax of 7.25% will be added to California residents; San Diego County residents add 7.75%.
c. Payment shall be due immediately upon receipt of notification and payment is deemed delinquent, and in default if not made in good funds in full within fourteen (14) days of the Auction Date.
d. On cash transaction(s) exceeding Ten Thousand Dollars ($10,000), a Treasury Form 8300 must be filed.
e. Lot(s) will not be shipped before all funds are fully received by EAHA.
f. EAHA reserves the right to extend credit and impose periodic charges on any accounts past due.
g. The Bidder agrees to report to EAHA any damage or breakage that occurs to Merchandise in the original Holder and packaging during shipment within 3 days of receipt of package. The original packaging MUST be saved, complete and intact, as required by the insuring company. Failure to meet either of these requirements will release EAHA of any further liability or payment for such damages.
h. Successful Bidder(s) agree to pay reasonable attorney's fees and costs incurred by EAHA to collect on any past due account(s).
i. Bid(s) will not be accepted from any individual(s) under the age of eighteen (18) years old without a parent or guardian's written consent and express acceptance of these General Terms and Conditions.
j. If a corporation is the Bidder, the authorized corporate representative must provide EAHA, at the time of registration, with proof in the form of a legal document acceptable to EAHA confirming the representative's express authority to Bid in the Auction for and on behalf of the corporation.
k. A shipping and handling charge will be added to each invoice to adequately package, ship and fully insure Merchandise. Bidder may request that EAHA increase the insured value of the purchased Merchandise above the successful Bid price for the Merchandise purchased at Auction by making a special arrangements in writing with EAHA, prior to shipment.
l. All Auction Lot Holders are for short term use and should be changed by the new buyer for proper long term storage.
5. Financial Responsibility.
All Bidder(s) in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. In the event a successful Bidder fails to make payment when due, EAHA reserves the right, in its sole and exclusive discretion, to rescind the sale or to resell the Lot(s) in a commercially reasonable manner (which may include a public or private sale); it being understood that the Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, attorney's fees and costs, costs of the Cataloguer and any other reasonable charge(s).
b. EAHA shall have the right to offset any sums due to EAHA, and to make such offset(s) from any past, current, or future consignment(s), or purchase(s) that are in the possession or control of EAHA.
c. EAHA shall automatically have a security interest to secure any indebtedness due by a successful Bidder(s); it being understood that the Bidder consents to granting EAHA the right to file a Uniform Commercial Code "Financing Statement" to secure EAHA"s financial interest.
d. If a given invoice submitted to the successful Bidder by EAHA is not paid for in full when due per the invoice terms, the unpaid balance shall accrue penalty interest at the rate of one-and-one-half percent (1-1/2%) per month until fully paid; it being understood that in such event the penalty interest rate shall exceed the interest permitted by law.
e. Bidder agrees to pay all reasonable attorney's fees, court costs and collection costs incurred by EAHA in attempting to collect past due invoice(s).
f. If the successful Bidder for a given Lot(s) consists of one or more person(s) or entit(ies), each shall be jointly and severally liable to EAHA for any payment(s) due for Merchandise purchased.
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 as described in the Catalog, and upon information and belief, is in full compliance with California Assembly Bill 1570; it being understood that SUCH LIMITED 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. Due to their unique handmade manufacture, Encased Postage Stamps are expressly subject to a thirty (30) day inspection and return period from the sale date after which there is no return whatsoever. 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 and any of its employees or officers shall be completely removed from any further involvement or responsibility.
7. Descriptions and Grading.
a. Bidder(s) acknowledge that all gradings of coin and/or currency 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), currency and other merchandise 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 Merchandise.
b. EAHA shall not be responsible for the grade(s), claims, or statement assigned by independent grading services, and makes no warranty or representation regarding such grade(s) or statements whether an item is pre-certified or not (sold raw). 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) and the color of 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 and/or color from any photograph(s) and/or description of the Lot in the Catalog.
e. There can be no claim that any verbal description of the Merchandise, provided by EAHA or any employee, varies and/or alters the description contained in the Catalog.
f. Conservation and restoration or simply "Conservation" will be used as an active generic term to indicate professional level, quality methods having been employed to an item at some point, the exact degree and specifics will be indicated as possible. NO ITEM, having mention of CONSERVATION will be returnable for ANY reason, 30 DAYS past the date of auction, REGARDLESS OF ANY NEGATIVE COMMENTS, OF ANY TYPE, SUGGESTED BY THIRD PARTY GRADING SERVICES OR OTHERS.
g. There can be no claim regarding any item subsequently submitted to any certification service, including any non-certified (Raw) item once the initial inspection and return period has expired.
8. Disclaimer and Warranties.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
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.
9. Waiver and Release.
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 ANY FASHION, SIGNED OR UNSIGNED, 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:
"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."
10. Disputes and Arbitration.
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 original 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 are the official terms and conditions for all certificates of authentication provided.
b. 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.
c. 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.
d. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
e. 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.
f. Due to recent legislation, we can no longer ship firearms to New Jersey.
12. Definitions
a. The term "Absentee Bid" shall mean all Bids placed via any communication including: mail, phone, fax, email and website.
b. The term "Auction" shall mean an auction or consignment sale 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 or consignment item is sold.
d. The term "Auctioneer" shall mean an individual(s) duly licensed and/or employee designated by "EAHA" to conduct the Auction or any Sale.
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 or any direct buyer either physical or online.
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. "Conservation" the Professional activities including the careful examination as supported by expertise, research and education, in treatment of an item using, "any methods that prove effective in keeping or bringing that property in as close to its original condition as possible, for as long as possible."
j. The term "Consignment Agreement" shall mean the written agreement(s) between "EAHA" and a given "Consignor" available at "EAHA"s" offices.
k. The term "Consignor" shall mean the owner of the "Merchandise" offered for sale by "Lot" at the Auction.
l. The term "Description" shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
m. The term "www.EarlyAmerican.com" shall mean the Internet accessible service provided by EAHA.
n. 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.
o. 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).
p. The term "Hammer Price" shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
q. 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.
r. The term "Lot(s)" shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
s. 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.
t. The term "Merchandise" shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
u. The term "Purchaser" shall mean the successful Bidder at the Auction on the Auction Date.
v. 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 twenty-five percent (25%) of the "Hammer Price" or thirty percent (30%) of the "Hammer Price" if bids are placed through a third party firm including Invaluable.com, LiveAuctioneers.com and iCollector.com.
w. 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.
x. The term "Settlement Date" shall mean a time forty-five (45) days after the Auction Date.