I don't think I could improve upon what Rich has posted here. It is, at best, an unfortunate situation for all concerned. But I don't think anything helpful is further served by just beating this very expired horse.
Perhaps I could post a one sheet for LEGEND OF THE LOST? Kirby Kirby McDaniel MovieArt Original Film Posters P.O. Box 4419 Austin TX 78765-4419 512 479 6680 www.movieart.net mobile 512 589 5112 On Jun 5, 2012, at 12:57 PM, Richard Halegua Posters + Comic Art wrote: > Like Bruce, I keep any consignments segregated from all other stock. > I do this because in my huge warehouse, it is too easy to mix material > otherwise. > I also do not give an inventory of material received, as it would be > impossible for me to give up the time needed to do so. I simply include a > sheet of sold items with any payments and I sell all of any consignment > within one auction for simplification > However, nearly every consignment I have ever received came with an > inventory, and it matches my sales sheets. > Ergo, there are no complaints > > Concerning any such complaints, like the one Geraldine has with Heritage: > the facts are that Geraldine says she sent some things, but she never > included an inventory > Heritage says they did not get them > this is a classic case of "she said, he said" and if Geraldine were to sue > Heritage (and attorney Sean will say for sure), her case would be thrown out > because she has no kind of proof at all of posters she sent to anyone and > Heritage says they didn't get such posters in her consignment. > > I can imagine that people get confused all the time, and confusion at times > leads to false claims > I'm not saying Geraldine is or is not making such claims, as I have no way of > knowing for certain one way or the other. > > however, Geraldine is clearly attempting to damage Rudy & Heritage in some > fashion by her continuing accusations, and while her claims of consignments > being lost is not "provable", there can be no doubt that if Rudy & Heritage > wanted to sue Geraldine for libelous claims, they would have a much more > viable claim than Geraldine has of lost posters > > Rich > > > > At 10:15 AM 6/5/2012, Bruce Hershenson wrote: >> That is why I tell our consignors that an inventory is for THEIR benefit and >> not ours. We actually DO keep all consignors' items carefully segregated >> until they are marked in three different ways, so that we have a >> triple-check system that results in our not losing items. We HAVE had a >> small number of minor items misplaced over the years, and we have paid those >> people for those few items (and when they were later located, as they always >> are, we have offered to let the owner give the money back and have the >> items, or we auction them as our consignment). >> >> I still insist that if this were true, there would be at least several >> others with the same complaint, and others with legal actions pending. It >> makes no sense to be a one-time occurrence, unless there was an employee >> stealing, but then they would continue, unless they were discovered and >> fired. >> >> Bruce >> >> On Tue, Jun 5, 2012 at 11:28 AM, Dale Dilts <ddilts...@mchsi.com> wrote: >> >> I must be missing exactly how taking an inventory before sending would >> actually help? >> >> >> >> I could write up a nice long list of stuff, only send half of it, and then >> claim they lost it, how much sense does that make and in court who exactly >> is going to win that battle. >> >> >> >> Making a list and taking pictures might make you feel real safe, but sending >> no list at all covers you just the same. Yes it would allow you to reconcile >> your list against a sales list, but other than that, pretty worthless as >> there is no proof what actually ever enters the mail stream or once opened >> what is done with it. >> >> >> >> If you are going to consign anything, you simply take the risk of your >> property leaving your hands with potentially no return. Like it or not, >> trust is still a must in any business that is not done person to person. >> >> >> >> >> >> >> >> >> >> >> >> From: MoPo List [ mailto:mopo-l@LISTSERV.AMERICAN.EDU] On Behalf Of Carlos >> Duenas >> Sent: Tuesday, June 05, 2012 10:55 AM >> >> To: MoPo-L@LISTSERV.AMERICAN.EDU >> Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory >> >> >> >> >> >> Hi all, >> >> >> >> I guess it would be sad to agree that "trust no one" is the best rule. I >> have send posters to Christies in London and took the time to make an >> inventory (because there were only a few items they wanted, they only took >> posters worth over US$250). Even sending the inventory which was very small >> they didn´t send the inventory of what they received and misplaced one of my >> posters which they found after I complained because they did not add it to >> their following auction. On the other hand, I have sent hundreds of posters >> and lobby cards to Bruce Hershenson, I asked if I needed to send an >> inventory; they said no, I trusted them and so far they haven´t misplaced >> anything (and not making inventories has saved me many hours of work). To be >> frank I don´t have the memory to know if everything I had sent to them has >> been auction or is being held for a later auction, but I trust them and if >> there were item that were special (valuable) I would remember them the same >> way Geraldine remembers her good posters that are missing. >> >> >> >> Just to add more salt to this e-mail I would like to share an experience >> that I find funny: the same poster I sent to Christies in London, a 1964 NM >> My Fair Lady(which sold for about US$800), I offered to Christies in NY and >> they said they didn´t want it because of its low value, nevertheless, a few >> days later a man from that auction wrote to me saying that he would buy the >> poster from me if I wanted. I also offer that same poster to Heritage a few >> years ago and they said the poster wasn´t good enough for their auction. >> >> >> >> I very much appreciate Geraldine sharing with everyone what happened to her, >> it think is fantastic and cheap learning from others´ experiences. >> >> >> >> Mainly for ethical reasons I think auctions should have standard procedure >> to treat all customers in the same careful and respectful manner no matter >> their age or origin or if they are dealers or collector but also for their >> reputation because there are groups of people like us (mopoers) that would >> share the good and the bad for the benefit of all. >> >> >> >> Best, >> >> >> >> Carlos >> >> >> >> From: "Walton, Jeffrey" < jeffrey.wal...@fisglobal.com> >> To: MoPo-L@LISTSERV.AMERICAN.EDU >> Sent: Monday, June 4, 2012 12:51 PM >> Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory >> >> >> >> I concur wholeheartedly….you just can’t ship a bunch of posters and claim >> foul when no inventory on your part was done no matter if you trust that >> identity or not. When shipping a bunch of poster I always make an inventory >> and send along a copy of the inventory as well. So when Grey or Bruce >> compares the list and there is a discrepancy there is at least a record. >> What would have happened if the parcel was lost in the mail, then try to >> stake a claim with the insurance? >> >> >> >> The X-files said it best – ‘Trust no one.” >> >> >> >> >> >> >> >> From: MoPo List [ mailto:mopo-l@LISTSERV.AMERICAN.EDU ] On Behalf Of Richard >> Halegua Posters + Comic Art >> Sent: Monday, June 04, 2012 3:31 PM >> To: MoPo-L@LISTSERV.AMERICAN.EDU >> Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory >> >> >> >> Geraldine >> >> reading your posts as a outsider makes me wonder about some of the things >> you mention in your emails. >> Are you trying to get a resolution, or are you just trying to disparage Rudy >> Franchi and Heritage? >> Also, do you or do you not think that your own actions are a partial >> contributor to your angst?? >> >> Don't get me wrong.. I'm not attempting to disparage or attack you. I >> understand you have a dispute, it was not to date settled in your favor and >> that makes you angry. >> >> But some thing that you wrote puzzles me. Your own lack of an inventory >> specifically. >> >> 2 weeks ago, I consigned a large collection of my own to Profiles in History >> for their July auction. I have a book collection or hardcover Photoplay >> editions in dust jackets dating from 1913 to the 1940s with additional items >> up to the 1990s. >> >> I have known Joe Maddalena for a reasonably long time and we have done deals >> on both a personal level and via his auction house. However, regardless of >> my relationship with Joe, when I consigned this collection to them of 800 >> books and related items, there is no way I would have let these items leave >> my possession without an inventory. >> >> For 2 weeks prior to them leaving my warehouse, I photographed each and >> every item in this collection. Yes it was done in part so I could have file >> images of these items for my image archive, but it was also done so that in >> case of any disputes, I could prove to Profiles what I gave them. This is >> not for the protection of myself and for the protection of Profiles. How >> could I dispute any issues without having such an inventory in my hands?? >> >> Did I do this time consuming job for my own pleasure?? >> No Ma'am >> I had plenty of other work to do, and such a task only added to my weekly >> work schedule right at a time when I was actually busier than I had been in >> months, and anyone who knows me knows that my work schedule is always >> completely full and that I haven't been having lots of playtime in my >> wonderful city of Las Vegas. It actually left me with just one day to get >> ready for Cinevent, and that one day wasn't nearly enough. >> >> Joe may be my good friend and I trust him 100%, but I do not leave it up to >> other people to protect my own interests, as much as I would like to when I >> don't have any time. If I leave it up to someone else to protect my >> interests, I really don't feel I can blame the other party no matter how >> many assurances I have that I can. Furthermore, if such a situation were to >> land me in a lawsuit attempting to claim some sort of duress, what portion >> of such duress is my own fault for not protecting myself?? >> >> I do remember the days when a handshake deal was a bond, but I have also >> felt the betrayal of a handshake deal not being honored, making me wish I >> had done what was necessary to protect myself before any issues arose. Not >> completing such an action is no one's fault but my own. >> >> So the question becomes, "IF" your claims are true, what responsibility do >> you think you have in not having done what was necessary to protect >> yourself? Do you think this was a failure on your behalf, or do you think >> that you have any responsibility at all? >> >> If you were to sue Heritage, what proof would you use to prove your case? >> Admittedly, you made no inventory, Charlie is 82 and you are also at an age >> where things become less clear to the mind - through no fault of your own.. >> It just happens as people get older. It will happen to me as well probably. >> >> I have thought at times that something is missing and believed I had given >> it to someone, only to later find said item in my inventory, generally >> somewhere that it doesn't belong, at which point I was forced to apologize >> to that person who I thought screwed me. >> >> You did not do what was necessary to protect yourself, how can that be the >> fault of Heritage? >> >> Rich >> >> >> At 06:15 AM 6/4/2012, Geraldine Kudaka wrote: >> >> Rudy, this list is not just for dealers. >> >> There are a lot of people who lurk here who are interested in movie posters. >> They are not professional dealers in the business. Some may be non-poster >> business people interested in selling off collections acquired from either a >> lifetime of working in the industry, or inherited them from dad, who passed >> on. >> >> This is also a public list which non-subscribers go to for archived >> information on how to sell their posters.. >> >> As a noted movie poster expert, these uninformed sellers need to know that >> you will encourage them to send their collections "post vite" to Heritage. >> >> You will not tell them that they need to protect themselves by doing a >> photographic inventory and log of their posters before sending to Heritage. >> >> You will not warn them that Heritage's inventory process is suspect and >> their software probably some home-user Access-like database program. (Here, >> I'm referring to security differences between programs like Quicken and true >> business accounting software which do not allow you to change entries >> without leaving a trail.) >> >> You will not tell them that heritage will not return posters they do not >> sell. >> >> You will simply funnel them to Heritage -- for your commission. >> >> For this reason - among others - an esteemed seller on this list posted a >> wish that you were dead... >> >> Need I remind you I defended you? This was before I sat down and went though >> our Heritage file and discovered what was really going on. This was before I >> went online and found that Heritage has been accused by others for stealing >> items submitted for consignment. >> >> Last -- if you think you have spent "a huge amount of time" on this issue, >> get real. Suggesting we comply with Heritage's offer of selling without >> commission fees is certainly not an email that takes a lot of time to write. >> After Grey threatened us with legal action, we have spent far more money on >> attorney's fees than you have... That's a hard financial cost on top of the >> value of posters sent to Heritage. >> >> While I appreciate your suggestion we go bankrupt "sueing everybody >> involved", I will decline your advice. >> >> In the start, I said this list is not just for dealers. My emails are for >> the lurking public, now and in the future. >> >> >> >> From: rudy franchi <r...@nostalgia.com> >> To: MoPo-L@LISTSERV.AMERICAN.EDU >> Sent: Friday, June 1, 2012 10:41 AM >> Subject: [MOPO] Reply To Geraldine >> >> It seems that I can't post to MOPO without Geraldine popping out like >> a cuckoo bird on a spring. This has gone beyond rational discussion. >> I've spent a huge amount of time on this problem and Grey has >> spent the equivalent of days in hour after hour of trying to reach a >> satisfactory conclusion. Perhaps Geraldine should just sue everyone >> involved. After she loses, she can appeal it all the way to the >> Supreme Court where it will go down in judicial history as "When I've Got A >> Hammer vs. Everything's A Nail." Meanwhile, I will continue to >> occasionally post here and just put up with the tirades. On some of >> the stock market discussion boards I visit, one can put a particularly >> annoying person on "ignore" so that their posts won't show up in your >> message box. Would that we could do that here. >> >> Visit the MoPo Mailing List Web Site at www.filmfan.com >> ___________________________________________________________________ >> How to UNSUBSCRIBE from the MoPo Mailing List >> >> Send a message addressed to: lists...@listserv.american.edu >> In the BODY of your message type: SIGNOFF MOPO-L >> >> The author of this message is solely responsible for its content. >> >> Visit the MoPo Mailing List Web Site at www.filmfan.com >> ___________________________________________________________________ >> How to UNSUBSCRIBE from the MoPo Mailing List >> Send a message addressed to: lists...@listserv.american.edu >> In the BODY of your message type: SIGNOFF MOPO-L >> The author of this message is solely responsible for its content. > > Visit the MoPo Mailing List Web Site at www.filmfan.com > > ___________________________________________________________________ > > How to UNSUBSCRIBE from the MoPo Mailing List > > Send a message addressed to: lists...@listserv.american.edu > > In the BODY of your message type: SIGNOFF MOPO-L > > The author of this message is solely responsible for its content. > > _____________ > The information contained in this message is proprietary and/or confidential. > If you are not the intended recipient, please: (i) delete the message and all > copies; (ii) do not disclose, distribute or use the message in any manner; > and (iii) notify the sender immediately. In addition, please be aware that > any message addressed to our domain is subject to archiving and review by > persons other than the intended recipient. Thank you. > > Visit the MoPo Mailing List Web Site at www.filmfan.com > > ___________________________________________________________________ > > How to UNSUBSCRIBE from the MoPo Mailing List > > Send a message addressed to: lists...@listserv.american.edu > > In the BODY of your message type: SIGNOFF MOPO-L > > The author of this message is solely responsible for its content. > > > > > > Visit the MoPo Mailing List Web Site at www.filmfan.com > > ___________________________________________________________________ > > How to UNSUBSCRIBE from the MoPo Mailing List > > Send a message addressed to: lists...@listserv.american.edu > > In the BODY of your message type: SIGNOFF MOPO-L > > The author of this message is solely responsible for its content. > Visit the MoPo Mailing List Web Site at www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > Send a message addressed to: lists...@listserv.american.edu > In the BODY of your message type: SIGNOFF MOPO-L > The author of this message is solely responsible for its content. > > > > > -- > Bruce Hershenson and the other 26 members of the eMoviePoster.com team > P.O. Box 874 > West Plains, MO 65775 > Phone: 417-256-9616 (hours: Mon-Fri 9 to 5 except from 12 to 1 when we take > lunch) > our site > our auctions > > > > Visit the MoPo Mailing List Web Site at www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > Send a message addressed to: lists...@listserv.american.edu > In the BODY of your message type: SIGNOFF MOPO-L > The author of this message is solely responsible for its content. > Visit the MoPo Mailing List Web Site at www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > Send a message addressed to: lists...@listserv.american.edu > In the BODY of your message type: SIGNOFF MOPO-L > The author of this message is solely responsible for its content. > Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
