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Old 11-23-2023, 01:49 PM
Brian Van Horn Brian Van Horn is offline
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Join Date: Apr 2009
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Quote:
Originally Posted by nolemmings View Post
It’s not just lawyers, Brian, it’s pretty much everyone but you.

It was not my intent to cross-examine you– believe me that would be far more rigorous. But since you alluded to my profession, I would say that I instead approached your posts as I would a client in an initial consultation. Generally, I would ask: “what brings you in today–what is bothering you or has happened that you would like to talk about?” Then “how has this affected you and what would you like done about it”? After which I would tell them that we will go into the facts more thoroughly and I will advise as to their legal options, give my opinion as to possible outcomes, and provide some strategies.

Here I did not ask the initial questions, but I believe they should be asked now. Why did you bring your unsolicited opinion about these cards as they are about to be auctioned? What is motivating your actions? I assume you are intending to discourage bidding, or at least you should know that negative comments about the cards could have that effect. So do you believe you are providing a service to the hobby and/or trying to right a wrong?

No one here is challenging that you were told these cards were not genuine by some unnamed dealer at a card show 20 or so years ago. Many or most here would take the word of the dealer making the statements and pass on buying any, although I would like to think that I would have asked him some questions about them, examined them myself, and maybe paid the very few $$$ he wanted for one or two, just for future use to better understand how they were made. Nonetheless, your decision to walk away was reasonable and no one suggests otherwise, regardless if he had an honest face and truthful-sounding voice.

But you don’t leave it there. You continue to matter of factly call these cards fakes based on nothing more than that single encounter. Over and over you make this conclusive statement. Now with the passing of a couple of decades and the essentially unanimous opinions expressed by numerous collectors and hobbyists that these are real, you just dig in, adding a couple of feeble remarks that the design is weaker and the street address of the advertiser is missing as supporting “evidence”. Again I think it’s fair to ask why?

To circle back to the beginning of my post, if a client explained to me what you have put forth, not only would I tell him he has no case in trying to prove these Herpolsheimers are fakes, I would counsel him that continually broadcasting them as such in a hobby forum days before their auction arguably could be construed as an attempt to interfere with the business transactions of others. It’s one thing to recount your personal, one-time experience of 20 years ago. It’s something different to conclusively and repeatedly call these cards fakes in the face of all that has come to light since. At a minimum it’s reckless, and in all events it does not help the hobby.
Todd,

Just like 19 years ago and our communications 18 years ago my answer to your questions in the third paragraph of your response:

The cards are fake. If you want to bid that is your choice.

In 2004 I bid on the Baker for an example of fraudulent.
 




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