But why are they offering to donate thousands of dollars to charity if they did nothing wrong?
On Tue, Jun 5, 2012 at 1:05 PM, Kirby McDaniel <[email protected]> wrote: > 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 <[email protected]> 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:[email protected]<[email protected]>] > On Behalf Of Carlos Duenas > Sent: Tuesday, June 05, 2012 10:55 AM > > To: [email protected] > 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" < [email protected]> > To: [email protected] > 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 [ <[email protected]> > mailto:[email protected] <[email protected]> > ]<[email protected]>On Behalf Of Richard Halegua Posters + Comic > Art > Sent: Monday, June 04, 2012 3:31 PM > To: [email protected] > 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 <[email protected]> > To: [email protected] > 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: [email protected] > 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: [email protected] > 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: [email protected] > > 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: [email protected] > > 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: [email protected] > > 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: [email protected] > 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 <http://www.emovieposter.com/> > our auctions <http://www.emovieposter.com/agallery/all.html> > > [image: []] > > Visit the MoPo Mailing List Web Site at www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > Send a message addressed to: [email protected] > 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: > [email protected] 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: > [email protected] 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 <http://www.emovieposter.com/> our auctions <http://www.emovieposter.com/agallery/all.html> Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
