THE PALOGER PT-109 ARCHIVE
JANUARY 23, 2020
www.RRAuction.com
(603) 732-4280
LT. JOHN F. KENNEDY WRITES MRS. MARNEY
RARE & REMARKABLE January 23, 2020
THE PALOGER PT-109 ARCHIVE
THE PALOGER PT-109 ARCHIVE Lot 10 Estimate: $250,000+ In the early morning hours of August 2, 1943 in Blackett Strait in the Solomon Islands, the Japanese destroyer Amagiri rammed and sank PT-109, a torpedo armed fast attack vessel used by the U.S. Navy in World War II commanded by Lt. John F. Kennedy. Two sailors, Harold Marney and Andrew Kirksey, did not survive this attack. This extraordinary archive was kept by Harold Marney’s mother Jennie and preserved by family members after her death for over 70 years, unknown and unpublished until Ronnie Paloger acquired it from RR Auction in 2014. This incredible archive documents 18 years of correspondence between John F. Kennedy and Harold’s mother in spite of Kennedy having known Harold Marney for only one week before he was killed. These letters show the extraordinary character, compassion, empathy, and loyalty from a 26-year-old man and no one can read these letters and be surprised that one day John F. Kennedy would become the president of the United States. This archive also documents a mother’s anguish over her son’s classification as “missing in action,” her denial, and finally acceptance of her son’s death. Highlights of this correspondence include two handwritten letters that Kennedy wrote to Mrs. Marney in late September 1943 from Chelsea Naval Hospital, where Kennedy was recuperating from his back injury caused by the PT-109 collision with the Amagiri, responding to her inquiry regarding any information about her son, after receiving official notification that Harold was missing. Kennedy writes two poignant and compassionate letters to Mrs. Marney. In the first he writes, “This letter is to offer my deepest sympathy to you for the loss of your son” and “I am truly sorry that I cannot offer you hope that he survived that night.” In the second letter he writes, “from the time that the destroyer hit us—nothing more was seen or heard from Harold,” and “I know how unsatisfactory is the word ‘missing’—but that is all that we can tell—that is all of the information we have.” The third handwritten letter in response to a condolence card that Mrs. Marney sent Kennedy, after his brother Joe was killed in action flying over Germany during a secret mission on August 15, 1944. In this letter Kennedy tells Mrs. Marney that they have something in common and Kennedy compares his brother Joe to her son Harold and writes, “I know you know how we all feel—boys like Harold and my brother Joe can never be replaced.” The fourth letter was typed and signed by President Kennedy on April 24, 1961 on official White House stationary, 18 years after his first letter to Mrs. Marney in 1943. President Kennedy spent the time and effort to send Mrs. Marney an original wood framed photograph of the Manila American Cemetery and Memorial along with this letter noting her son Harold’s name on this monument honoring him and writes, “whose memorial wall bears the inscription of your son and my former shipmate.” This archive includes three letters that Massachusetts Senator Henry Cabot Lodge wrote Mrs. Marney in responding to her asking for his help in getting more information about her son, despite the letters she had already received from Kennedy telling her that her son was dead. In one of these letters Lodge responds to Mrs. Marney’s feelings of “belief that your son is not dead but is probably alive somewhere on a Japanese Island or prison.” Also included are typed letters with secretarial signatures of Senator Kennedy to Mrs. Marney in 1958 and 1959, where Kennedy interceded on her behalf for social security benefits and other issues that he tried to help her with. Significantly Harold Marney’s Purple Heart inscribed on the back “FOR MILITARY MERIT HAROLD W. MARNEY MOMM 2c USN,” and citation from October 16, 1944 for “MILITARY MERIT AND FOR WOUNDS RECEIVED IN ACTION resulting in his death August 2, 1943” is part of this archive. As Dave Powers writes in his book “Johnny We Hardly Knew Ye” the PT-109 incident made John Kennedy a war hero that helped him in his first political contest in the 1946 Congressional Campaign. Power’s notes that Reader’s Digest reprint (the original is in this archive) of John Hersey’s article “Survival,” about Kennedy’s heroism was sent to every veteran on the voting list, and the whole district was blanketed with copies. Kennedy’s wartime heroism was highly effective when the vote of the veterans was to be a big factor. None of Kennedy’s opponents had a war record worth talking about and Kennedy’s well-known display of incredible courage in the South Pacific aboard the PT-109, gave him an aura of glamour that overshadowed his political inexperience. Though Kennedy supporters played up his War record during the primary campaign, Kennedy himself seldom mentioned it and squirmed uncomfortably when he was introduced at rallies as a war hero. In one particular speech Powers remembers Kennedy talking at length about the heroism of Patrick McMahon the 41-year old engineer of the PT-109 who was badly burned when the torpedo boat was run down and wrecked by the Amagiri. Kennedy referred to himself only once, and very briefly as McMahon’s commanding officer and never mentioned in the speech, that he himself Kennedy had saved McMahon’s life, by swimming for 5 hours with a strap on the crippled engineer’s lifebelt clenched between his teeth. In terms of content this archive represents the pinnacle of any John F. Kennedy wartime correspondence and specifically the two letters describing the PT-109 incident in such detail to Mrs. Marney are arguably the two most historically significant handwritten John F. Kennedy letters ever written and is the highlight of the entire Paloger John F. Kennedy collection. 2
HAROLD MARNEY (1924-1943)
Photo of Harold Marney with his training group before boarding the PT-109 inscribed on the back by many of these sailors.
Reverse of photograph.
3
ORIGINAL POSTAL TELEGRAPH STAMPED AUG. 21, 1943 FROM REAR ADMIRAL RANDALL JACOBS, CHIEF OF NAVAL PERSONNEL “The Navy Department deeply regrets to inform you that your son Harold William Marney Motor Machinist Mate Second Class USN is missing following action in the prefeormance [sic] of his duty and in the service of his country.”
Newspaper clippings from Sept. 7, 1943 reporting Harold Marney was on an official Navy missing list. 4
OFFICIAL NAVAL DEPARTMENT LETTER SEPT. 14, 1943 TO THE MARNEYS FROM A. C. JACOBS, COMMANDER HEAD OF CASUALTIES “According to the dispatch received by the Navy Department your son was reported in the status of ‘missing’ following enemy action on 2 August 1943, in the South Pacific. It is with deepest regret you are informed that detailed information surrounding the disappearance of your son is not at this time available…The Navy Department appreciates the anxiety suffered by the family of those men whose fate remains undetermined…”
5
LIEUTENANT COLONEL ROBERT B. KELLY USN COMMANDER M. T. B. SQUADRON NINE WRITES THE MARNEY’S ON SEPT 26, 1943 “I deeply regret that I must inform you that he is missing in action under circumstances presuming death... Your son was a crew member of the motor torpedo boat, commanded by Lieut. (j.g.) Jack Kennedy USNR which was rammed by an enemy destroyer on the night of August 1st–2nd.”
6
“I realize the blow this must be to both you and his mother and I wish to express my personal condolences.�
7
LT. JOHN F. KENNEDY LETTER TO MRS. MARNEY Page 1
8
“Your son rode the PT 109 with me on the night of August 1-2� Motor Torpedo Boat Rm 2 to Fleet Post-Office San Francisco-Calif. Dear Mrs. Marney, This letter is to offer my deepest sympathy to you for the loss of your son. I realize that there is nothing that I can say can make your sorrow less; particularly as I knew him; and know what a great loss he must be to you and your family. Your son rode the PT 109 with me on the night of August 1-2 [1943] when a Japanese destroyer, travelling at high speed cut us in two, as we... 9
Page 2
10
“I am truly sorry that I cannot offer you hope that he survived that night...” turned into him for a shot. Harold had come aboard my boat a week before to serve as engineer. He fitted in quickly, and was very well-liked by both the officers and the men. He knew his job and he did it efficiently, and with great cheerfulness—an invaluable quality out here. I am truly sorry that I cannot offer you hope that he survived that night... 11
Page 3
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“Again, Mrs. Marney may I extend to you my deepest sympathy.” you do have the consolation of knowing that your son died in the service of his country. He left a fine reputation and those of us who knew him think of him with respect and affection. Again, Mrs. Marney may I extend to you my deepest sympathy. Sincerely, John F. Kennedy Lt(jg) USNR
13
LT. JOHN F. KENNEDY LETTER TO MR. AND MRS. MARNEY
ALS one-page ink double-sided. 14
AN INCREDIBLE FOLLOW UP LETTER FROM A 26 YEAR OLD SHOWING SUCH COMPASSION AND EMPATHY AND HAVING THE WRITING ABILITY TO EXPRESS IT TO THE MOTHER OF HIS FALLEN SHIPMATE.
M.T.B. Rm 2 To I.P.O. San Francisco Calif.
Dear Mr. and Mrs. Marney, I received this morning your letter requesting more definite information in regard to your son Harold. I deeply regret that I cannot give you more than I have already written. From the time that the destroyer hit us— nothing more was seen or heard from Harold. When the crew was finally united around the floating bow—we could find no trace of him—although every... 15
Reverse: letter circa late Sept.- Oct. 1943 16
effort was made to find him. I am terribly sorry that cannot be of more help or encouragement to you. I know how unsatisfactory is the word “missing”—but that is all that we can tell—that is all of the information we have. Again may I express my deep sympathy to you both for your great loss.
Very sincerely John F. Kennedy Lt. USNR
17
JACK KENNEDY AUTOGRAPHED LETTER SIGNED IN INK TO MR. AND MRS. MARNEY, SEPT. 1, 1944—ONE PAGE DOUBLE-SIDED ON HYANNISPORT LETTERHEAD.
18
“boys like Harold and my brother Joe can never be replaced” HYANNISPORT MASSACHUSETTS
Sept. 1, 1944
Dear Mr. and Mrs. Marney: I want you to know how much I appreciated your card. I know you know how we all feel—boys like Harold and my brother Joe can never be replaced—but there... 19
Jack Kennedy’s letter was written less than 3 weeks after his brother Joe was killed flying over Germany during a secret mission he had volunteered for, when bombs on his plane exploded mid-air. This letter is in response to a condolence card from Mrs. Marney.
20
Another incredible and unpublished letter from a 27 year old, wise beyond his years in accepting and comparing the loss of his brother Joe to Mrs. Marney's loss of her son Harold.
is some consolation in knowing that they were doing what they wanted to do—and were doing it well. Thank you again— and I hope that I shall see you sometime again. Sincerely Jack Kennedy
21
President Kennedy, TLS April 24, 1961 to Mrs. Marney White House, Washington
22
The fourth and final correspondence written by President Kennedy to Mrs. Marney over an 18 year period 1943–1961. These four letters in their totality document for posterity the outstanding character, integrity, and behavior of John F. Kennedy as a young man and as president of the United States exemplified by his conduct with the mother of his fallen shipmate Harold Marney.
Original wood framed photograph President Kennedy sent to Mrs. Marney in 1961 along with his letter noting her son Harold's name on this monument honoring him.
HAROLD W MARNEY MOTOR MACHINIST’S MATE 2C USN MASS 23
Check for $44 issued to Harold W. Marney who has been officially reported killed in action.
24
6 month death gratuity payment of $691.40 paid to Mrs. Marney for the death of her son, Harold.
25
“There is no finer end than to die fighting for ones country� This is the first of three letters from then Mass. Senator Henry Cabot Lodge Jr. who interceded on Mrs. Marney's behalf when contacted about her missing son Harold. At this point she had already received the two explicit letters from Jack Kennedy but did not want to yet believe that her son was really dead. This is the same Henry Cabot Lodge Jr. that almost nine years to the day this letter was written, was defeated by JFK for his Senate seat in 1952.
26
“I note you are desirous of my intercession with the War Department on your belief that your son is not dead but is probably alive somewhere on a Japanese Island or prison�
27
“regarding the case of your son...whom you believe may not be dead...I am today contacting Rear Admiral Randall Jacobs, The Chief of Naval Personnel�
Third and last letter from Senator Lodge to Mrs. Marney.
28
Newspaper clipping June 12, 1944 citing Awards of the Navy and Marine Corps to Lieut. Kennedy for “extremely heroic conduct” for his actions aboard the PT-109
29
Original 1944 THE NEW YORKER magazine with the original John Hersey article “Survival” on John F. Kennedy’s heroism aboard the PT-109 which made Kennedy a national hero.
"Survival" "New Yorker " 75 (page)
30
A Reporter At Large “Survival”
31
Original Reader's Digest Aug. 1944 “Survival� a condensed form of John Hersey's account of the PT-109 saga that had originally appeared in the "New Yorker"
32
“From a PT base in the Solomons comes this nightmare epic of the will-to-live”
“Survival”
33
“Two letters to Mr. & Mrs. Marney that a Purple Heart Award was in the process of preparation and being engraved�
October 16, 1944 Letter from Lt. (jg) Alton H. Rowland, USNR House Naval Liaison Office
October 19, 1944 Letter from Congressman Charles R. Clason 34
Navy Department Bureau of Naval Personnel Oct. 27, 1944: “The Bureau has the honor to inform you of the award of the Purple Heart and certificate to your late son, Harold William Marney.�
35
Harold William Marney’s Original Purple Heart and Citation “FOR MILITARY MERIT AND FOR WOUNDS RECEIVED IN ACTION resulting in his death August 2, 1943”
36
In Grateful Memory of Harold W. Marney from President Roosevelt
Facsimile signature with original shipping tube.
37
Harold William Marney is awarded posthumously The American Defense Service Medal and World War II Victory Medal March 17, 1947
38
Mrs. Marney writes, “Harold's Navy Insurance He only took $5,000”
39
Correspondence from Senator Kennedy to Mr. and Mrs. Marney between 1958 and 1959 responding to their request with help in securing an increase of their Social Security Benefits. Unfortunately despite Kennedy’s assistance, the law did not allow for this increase. *Secretarial signatures of Senator Kennedy
40
The Detroit News—The Passing Show, “Lt. Jack Kennedy’s War in the Pacific,” Marney Archive
41
Free Press Weekly “PT 109” Marney Archive
42
Free Press Weekly “The Second World War Experiences of John F. Kennedy” Marney Archive
43
ADDITIONAL PT-109 ARTIFACTS INCLUDED IN THIS LOT, THAT WERE NOT PART OF THE MARNEY ARCHIVE
John F. Kennedy’s signed “retirement card” from the NAVY, June 11, 1944 “Home Address, Hotel Bellevue—Boston”
44
Original June 25, 1957 shooting script from “Navy Log” television series signed “To Peter Miller, John Kennedy US Senator, Mass.” who played McGuire
This episode can be seen on YouTube. Most people are familiar with Cliff Robertson as Lt. John Kennedy in the movie “PT 109” but are not familiar with the “Navy Log” series of the 1950s. 45
DAILY SCHEDULE AND SHOOTING SCRIPT FROM
“Navy Log”
46
PETER MILLER AS “McGUIRE”
47
PT-109: John F. Kennedy in World War II
Unique 1961 book PT-109 by Robert J. Donovan with over 2000 words and detailed maps annotated by Capt. Katsumari Yamashiro (circa 1962) in great detail disputing many facts from this book including the collision of the PT-109 with the Amagiri. At the time Yamashiro was the commander of the entire flotilla that included the Amagiri and gave instructions to Capt Hanani to avoid hitting PT-109. Mr. Donovan for reasons unknown just listened to Hanani's explanation of the ramming of the PT-109 without mentioning Hanani disregarding Yamashiro's commands, which has been accepted since as to what happened. Even the recent book “PT-109� by William Doyle conveniently accepts Hanani's explanation and gives reasons for not researching Yamashiro's claims. If historians and researchers get the opportunity to investigate this amazing contradiction from a most intelligent man who wrote with such incredible detail. It is hard to believe that his account is not what really happened. He went to his death a bitter man feeling he was unjustly portrayed in Donovan's book and wrote a letter to President Kennedy (in the Library's collection) also expressing his feelings about the president and the role Yamashiro played in it. A new book written from Yamashiro's notes could be done which would bring fresh material to the public about this event. 48
JAPANESE VERSION OF PT-109
49
One of the most interesting and revelatory artifacts in the collection
Handwritten detailed map from Capt. Yamashiro 50
Handwritten detailed map from Capt. Yamashiro
The description is wrong Hanani was Lt. Commander and Yamashiro was both Captain and Commander of the entire fleet and Hanani's superior. 51
Yamashiro's personal account written circa 1962 disputing account written by Robert Donovan.
52
Thousands of words and detailed maps are written by Captain Yamashiro throughout this book.
53
The detail above is incredible.
54
ORIGINAL JAPANESE VERSION OF PT-109
Famous John F. Kennedy photograph rarely seen in this Japanese version of PT-109 that was sliced in half by the Japanese destroyer 'Amagiri' on Aug. 2, 1943. This Japanese version as well as the English version is heavily annotated by Capt. Yamashiro the commander in charge of the Amagiri that night who bitterly complained until his death that he was falsely accused of ramming Kennedy's PT-109 on purpose. Yamashiro also wrote a letter at this time to President Kennedy explaining his position.
55
Inside cover of Japanese book PT 109
56
Lt. John F. Kennedy
Photographs of Harold Marney on top, and Andrew Kirksey below the 2 sailors that were killed aboard the PT-109.
Lt. John F. Kennedy is seen in the middle of this picture, and Red Fay is to his left.
57
RARE PHOTOGRAPHS OF THE PT-109
PT 109
58
Comic book of the more famous movie “PT 109� starring Cliff Robertson as JFK. Marney Archive.
59
Poem “a Message From Heaven” by Barbara Jones 1963 included in Marney Archive
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If RR Auction refers any invoice to an attorney for collection, the Bidder agrees to pay attorney’s fees, court costs, and other collection costs incurred by RR Auction. If RR Auction assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys. RR Auction shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. RR Auction is further granted a lien and the right to retain possession of any other property of the Bidder then held by RR Auction or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, RR Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against RR Auction and the consignor of the merchandise included on the invoice (the “Consignor”). If a Bidder owes RR Auction or its affiliates on any account, RR Auction and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession. All checks, cashiers checks, bank checks, or money orders are payable to R&R Auction Company of Massachusetts, LLC. Sales Tax: RR Auction is a remote seller and we are now required to collect Sales/Use Tax from our bidders. The states that we have nexus in we will be required to collect and remit sales tax on your behalf. Each state has different requirements to meet nexus. When RR Auction has achieved a certain monetary and/or invoice threshold in each state we will apply sales tax to your total invoice. Please go to our terms on our website to see the states that are affected. If we have not achieved nexus in a particular state it is still your responsibility to pay sales tax on your purchases. The sales tax rate is determined by the State, Country, and City where purchases are shipped to. If you decide to pick up your purchases at our New Hampshire location you will not be required to pay sales tax. The State of New Hampshire does not have a general sales and use tax. All purchases picked up at our Massachusetts location will be taxed at the current rate of 6.25%. If you have a resale number please email Sue@RRAuction.com or fax to (603) 732-4288 a copy of your state resale certificate and you will be exempt from paying sales tax. Delivery; Shipping; and Handling Charges: Bidder is liable for shipping and handling. RR Auction is unable to combine pur-
chases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with RR Auction. Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to RR Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price and RR Auction shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs. Title: Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper. Rights Reserved: RR Auction reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone. Conducting the Auction: RR Auction reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. RR Auction’s Discretion: RR Auction shall determine opening bids and bidding increments. RR Auction has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if RR Auction has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, RR Auction’s record of final sale shall be conclusive. RR Auction also may reject any bid if RR Auction decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by RR Auction at the time of sale, no lots may be divided for the purpose of sale. Reserves: Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. RR Auction may, from time to time, bid on items that it does not own. Off-Site Bidding: Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form. RR Auction’s Remedies: Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, salesrelated expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such Bidder’s obligations to RR Auction, any property in RR Auction’s possession owned by such Bidder. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the Commonwealth of Massachusetts. Warranties:
RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly. All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “Certification of Authenticity”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The Certification of Authenticity inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the Certification of Authenticity, and such purported transfer, assignment, or conveyance shall be null and void. The Certification of Authenticity is valid from date of the Auction in which Bidder was awarded the lot (the “Auction Date”) until five (5) years after the Auction Date, without exception. FIREARMS. RR Auction complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm. Limitation of Damages: In the event that RR Auction is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall RR Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Unauthorized Statements: Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of RR Auction. Bidder’s Remedies: Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, in the sole
discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, RR Auction shall disclose the identity of the Consignor to Bidder and assign to Bidder all of RR Auction’s rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. If Bidder wishes to challenge the AC within the period of the Certification of Authenticity, Bidder must present written evidence that the lot is not authentic as determined by a known expert in the field. If RR Auction agrees that the lot is not as represented, Bidder’s sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If RR Auction does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Any such challenge concerning an AC or Certification of Authenticity must, without any exception, be brought within one (1) year of Bidder’s notice to RR Auction of Bidder’s contention that the lot was not authentic, or six (6) years from the Auction Date, whichever is sooner. If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date. If there is any discrepancy between the description in the Catalog and the AC, then the description in the AC shall control. This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE. RR Auction’s Additional Services: For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice, RR Auction will include an administration charge. Headings: Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. Entire Agreement: These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Governing Law and Enforcement The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the “Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts. Except as provided in Bidder’s Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either RR Auction or Bidder. These provisions are consideration for the execution of these Conditions of Sale. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties’ agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. Notwithstanding the foregoing, RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. This right of enforcement is unique to RR Auction, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION Estimate Prices: In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer’s Premium or sales tax (see under separate heading). Owned or Guaranteed Property: RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction. Before the Auction: Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. Maximum Bids – All Auctions: To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, nonincremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid. Successful Bids: The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice. Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers. Bidding—Timed Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guar-
antee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the Auction closes individually based on bidding activity after 7 pm EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion. Bidding - Internet – Live Auction: Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third party sites carry an additional Buyer’s Premium. Miscellaneous: Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize RR Auction’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction reserves the right to charge Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with “do-notcall” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. Rules of Construction: RR Auction presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
HAROLD MARNEY (1924-1943)