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#651
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I think he meant if you were a consigner of one of the stolen items.
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#652
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Also, I believe just because they were stolen/missing, they are still "property " of the auction house. If they found them the day the auction closed or are recovered now, the auction house still has ownership.
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#653
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[QUOTE=Peter_Spaeth;2434504]Who knew about it before the closing and where did you read that?[/QU
A couple dealers who were set up at the Strongsville show knew of the theft and advised me so...they were told several larger consignments where stolen from the show in their current auction. They did not advise which cards specifically were stolen... they knew stuff was stolen but they were not told which exact cards so it leads one to wonder. |
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#655
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I would want to have been told asap of it, and at the very least my stolen lots pulled immediately from the auction
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#656
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Check out https://www.thecollectorconnection.com Always looking for consignments 717.327.8915 We sell your less expensive pre-war cards individually instead of in bulk lots to make YOU the most money possible! and Facebook: https://www.facebook.com/thecollectorconnectionauctions |
#657
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If that's what he meant, I'd probably be all for keeping the auction running. Of course telling the consignors of stolen items invites all sorts of possible shenanigans with bidding to run up the settlement.
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Check out https://www.thecollectorconnection.com Always looking for consignments 717.327.8915 We sell your less expensive pre-war cards individually instead of in bulk lots to make YOU the most money possible! and Facebook: https://www.facebook.com/thecollectorconnectionauctions |
#658
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Hi Scott! I'm just playing devils advocate, obviously it totally sucks for both consignor and buyer. Some of the cards are basically irreplaceable, but at least there is some sort of hare brained value placed on them. As Ryan mentioned, overall was about what he expected. Imagine if insurance looked up last sales....yikes! I'd have to check my Memory Lane consignment agreement for actual terms, but I'm assume ML DOES own rights ( to sell, possibly mentiined as dispose, at a minimum) to be able to sell the card, at their discretion, as long as the consignor is paid. Otherwise, if the sales were weak, the consignor could just "demand their property back". So I am finding flaw in your logic that the auction houses never have "ownership" of their consignments. If the cards appear, can the consignor demand them back, or is ML legally bound to sell to the highest bidder? They would be returned to the "owner" or posessor? Strange situation Possession is 9/10ths of the law 🙄
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#659
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It's probably unnecessary but we have language in our contract that says the consignor agrees that to pull an item we must be in agreement, so people can't just flake out and change their mind late in the auction if they're unhappy. 7. This contract is to remain in full force and cannot be canceled without the agreement of both parties
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Check out https://www.thecollectorconnection.com Always looking for consignments 717.327.8915 We sell your less expensive pre-war cards individually instead of in bulk lots to make YOU the most money possible! and Facebook: https://www.facebook.com/thecollectorconnectionauctions |
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#661
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It is my understanding that generally, a consignor retains title (ownership) to his consigned items until they are sold and paid for. Of course, any specific consignment arrangement can be different in this regard. My REA consignment agreement states that if a winning bidder does not pay within a reasonable time, REA has the option of paying the consignor, in which event REA will then have title to the consigned items.
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Seeking very scarce/rare cards for my Sam Rice master collection, e.g., E210 York Caramel Type 2 (upgrade), 1931 W502, W504 (upgrade), W572 sepia, W573, 1922 Haffner's Bread, 1922 Keating Candy, 1922 Witmor Candy Type 2 (vertical back), 1926 Sports Co. of Am. with ad & blank backs. Also 1917 Merchants Bakery & Weil Baking cards of WaJo. Also E222 cards of Lipe, Revelle & Ryan. |
#662
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__________________
Check out https://www.thecollectorconnection.com Always looking for consignments 717.327.8915 We sell your less expensive pre-war cards individually instead of in bulk lots to make YOU the most money possible! and Facebook: https://www.facebook.com/thecollectorconnectionauctions |
#663
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It’s been just over 30 days from the theft. Anyone heard any update from the parties?
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#664
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There was a funny post on Blowout.
https://www.blowoutforums.com/showpo...8&postcount=98
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#665
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#666
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It’s a joke.
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#667
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That's what I was guessing after not finding anything myself, but it looks very realistic.
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#668
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Scott / Aquarian...
I don't see how that clause 7 of your contract can be stretched to say that unless buyer and seller agree to pull a lot from the auction, then it cannot be done and you must continue with a lot's auction when you no longer have the item; and that as a seller you are authorized to defraud bidders and an eventual winner by accepting bids when you well know that you don't have the item. Regardless of clause 7, you know that's not right. |
#669
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I agree with Frank that the result is not mandated by the contract. That said, under the unique circumstances of this case, I don't see how anyone was "defrauded" by continuing the auction. No good choices here.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#670
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Thank you counselor. Now, for the prosecution. What are your said damages for bidders who won lots which are not recovered? ..... .....
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#671
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Hobbyists will defend almost anything, as long as its to the gains they desire, and will say anything to make said defense, regardless of how blatantly absurd the claim might be or how reasonable it might be.
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#672
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Who was damaged, and in what amount?
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#673
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You must be replying to the wrong post. When did I say Memory Lane took payment for their fraudulent auction from the fake winners? I have no idea how we could possibly discern a specific value on how consigners who may have lost bids because bidders focused their dollars on lots that did not actually exist may or may not have lost.
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#674
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This was obviously an effort to mitigate a no win situation. One could argue it was not the best solution and I get that, but to call it fraud is in my view unjustified.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 10:53 AM. |
#675
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#676
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Never argue with an idiot, they will make you stoop to their level, then beat you with experience. This whole thread offers a multitude of opinions great, everyone is is entitled to theirs, and it's okay. However, when people start throwing out legal terms, that are not fact, it's plain wrong. Nothing was fraudulent and there are no damages for any plaintiffs. IF Mile High let it run on advice from legal/insurance. Can you fault them for that? It might not feel right, but surely the loss of millions probably weighs mpre heavily over your feelings.
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"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors Last edited by Republicaninmass; 05-19-2024 at 10:56 AM. |
#677
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You're very defensive obviously. It was not at all a smart ass question, it was intended to set up a point. And it implied nothing at all about what you said. Deep breath.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 10:55 AM. |
#678
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#679
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#680
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Their opinions surrounding facts still don't matter, when they are clearly pedestrian, not to mention wrong. Sorry if your parents told you we are all equal, it doesn't mean your opinions should be weighted the same regardless of class, creed, religion or FCF.
__________________
"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#681
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#682
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#683
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It's in 555. Can anyone explain to me how hosting a fake auction does not meet those terms?
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#684
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He has an opinion!!! Let's all gather round and sing Kumbaya and he can tell us how great and important is voice is to be heard.
__________________
"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#685
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How much money must one have to express an opinion in a place you are? Is that in raw cash on hand or net work? What religious view must I have to have an opinion worthy of expression? What creed(s) must I follow for your approval? Enquiring minds want to know ![]() |
#686
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Because (1) there is no intent to deceive and (2) there is no damage to anyone to whom any implicit misrepresentation was made. Law is also flexible in situations where applying standards literally would yield an unjustified result.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 11:26 AM. |
#687
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Again, I have made no comment on 2 nor does this have anything to do with the definition. The bidders did not pay and thus do not have provable damages. This may have something to do with why I am not arguing whether or not they should be taken to civil court for fraud. |
#688
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__________________
"Trolling Ebay right now" © Always looking for signed 1952 topps as well as variations and errors |
#689
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![]() There must be a way to defend this without denying easily ascertainable provable facts and insisting on fake insurance policies that do not exist ![]() Oops, I forgot to check if my religion and net worth matches the Republican guy's before posting again. Darn it. |
#690
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Intent to deceive, as I think of it, means intending to induce the other party to take an action that is to their detriment. Literally, yes, you could say in a vacuum that ML wanted bidders to keep bidding, but then you're divorcing the exercise from the whole point of fraud law.
__________________
Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#691
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#692
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I don't want any result here, and you can keep saying it until you're blue in the face but it ain't so. I am simply stating my opinion on whether there was fraud, which happens to be informed by decades of experience which I am sure you will disregard as some sort of "appeal to authority" which it is not.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 12:02 PM. |
#693
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![]() If the defense of Memory Lane relies on 1) Rejecting the dictionary or 2) Following Republican Clown's religious values and/or having a flex off with him over who has more money ![]() or 3) an unseen insurance policy/choice/decision with no precedent in all of human history and that is obviously fiction One might start to conclude that the difficulty in finding a reasonable argument is an indicator that something doesn't make sense here. Can anyone put forth an argument for Memory Lane that, while it will surely differ with other posters over the values placed on honesty, disclosure and forthrightness in that the argument will have to reject them implicitly, is at least a serious argument that does not rely on absurdities that absolutely nobody here would accept if it didn't benefit what they want to benefit? None of the defenses would be accepted if it was me doing the fake auction and I made them, and we surely all know that on some level. Surely a better case can be made. |
#694
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 12:14 PM. |
#695
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I have no doubt you and many others would and do take what they like over objectivity and appeal to themselves. Appealing to oneself only really works to oneself though. |
#696
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Don't we need to know what the exact reasoning was behind ML's decision to move forward with the auction without pulling the 54 lots as to whether it was fraud or not? Was that decision they made on their own or was it required or requested of them?
I am not sure they could use as a defense or explanation that they had to let the auction run to establish values on those 54 lots. My reasoning is that prior to the sale their number 1 consignor and a valued representative of ML established values on each item he consigned. If I am not mistaken most, if not all, of the cards stolen belonged to that consignor. Anyway, below is Ryan's post below from the morning after the auction and clearly before he knew the cards had been stolen because of the "tongue in cheek comment that someone stole a card in referencing the CJ Jax. Quote:
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( h @ $ e A n + l e y |
#697
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Then walk away knowing that you won.
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-- PWCC: The Fish Stinks From the Head PSA: Regularly Get Cheated BGS: Can't detect trimming on modern SGC: Closed auto authentication business JSA: Approved same T206 Autos before SGC Oh, what a difference a year makes. |
#698
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 12:32 PM. |
#699
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Surely there is an actual argument here instead of pretending the dictionary is wrong and lying is not deceitful and your experience is paramount to the language. If I made an argument hinging on how my experience overcomes the dictionary, you’d know I was being a fool and wrong. Can we just have a point made that is not palpably absurd? As I’ve said before the ‘maybe the cops told them too’ is a much better defense, because the vast majority of the actual arguments made in this thread cannot be defended without blatant falsehoods and rejections of the dictionary of the last two pages. It is not that hard to make logically consistent arguments in favor of unethical things. |
#700
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-19-2024 at 12:51 PM. |
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