The Cole Smithey Thread

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Subconcious Offense said:
Does ebay even have policies against selling items that don't belong to you?
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There is sort of, but according to ebay help page, the only thing anyone can do is call the police.
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Nurse Ratchet said:
Will dig more, but closest thing I see offhand:

https://www.ebay.com/help/policies/prohibited-restricted-items/stolen-property-policy?id=4334
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Damn. Beat me to it but I have pretty much the same info from another place on ebay.
 
It's possible that one could make the argument that the property is now legally Chris's, if it's considered "abandoned" after Cole left it there with no effort to reclaim it.
 
ChurchOfGodBear said:
It's possible that one could make the argument that the property is now legally Chris's, if it's considered "abandoned" after Cole left it there with no effort to reclaim it.
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But how long before it is considered abandoned? Cole might not even know he left it. I'm sure he would have taken them if he knew how valuable they are. a few are vintage. But who knows after Chris has handled them.
 
FallenAngel1993 said:
But how long before it is considered abandoned? Cole might not even know he left it. I'm sure he would have taken them if he knew how valuable they are. a few are vintage. But who knows after Chris has handled them.
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You're right, I stayed away from this part of my thought process up above bc I know Chris reads this, but fuck it.

Sentimental value aside, back to the KISS folder. Some of the things in that folder are super rare, & I'd be surprised if not valuable (i.e. the cardboard Love Gun, the magazines, probably other things I didn't see bc I ragequit that video before he was done showing everything).

I can't give you a number, I'm not a KISS memorabilia collector but :powerlevel: I'm an avid fan of their music & also a total vinylphile :powerlevel: and a lot of the things in there are from first-edition pressings of their records from the 70s. There's a fuckload more than $20 in that file folder, especially if you split it up. KISStorians are the only ones crazier than Christorians.

What it likely comes down to is
  1. Does Cole know those things are on the auction block? (If not already sold. Honestly if I had no idea the filthy backstory on that folder, no fucking doubt I'd drop $20 on it & I'm not even one of the super rabid KISS fans.)
  2. Does he care?
  3. Would Chris remove them if Cole just asked him to?
  4. If not, would Cole really give enough of a shit to request an investigation? (This I doubt.)
It comes down to Cole, really. And from what I've observed, which is cursory compared to most of you, I'd bet, so correct me if I'm mistaken..he doesn't seem to deflect a relationship with Chris, but he doesn't seem to go out of his way to maintain or nurture one with him, either. And if he doesn't care, or doesn't deem it worth the bullshit..really that's his decision & business.

I just really really hope Chris at least asked him first. I need to believe that.
 
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FallenAngel1993 said:
But how long before it is considered abandoned? Cole might not even know he left it. I'm sure he would have taken them if he knew how valuable they are. a few are vintage. But who knows after Chris has handled them.
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It's your responsibility to keep track of your property.

They're considered legally abandoned by this point. Chris is 100% in the clear, legally speaking, to sell them.
 
Cole hasn't bothered with any of this stuff since the 70's. It was left at 14 BC - Chris can do as he pleases with it.
 
Marvin said:
It's your responsibility to keep track of your property.

They're considered legally abandoned by this point. Chris is 100% in the clear, legally speaking, to sell them.
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I am pretty confident that is true. I think a lawyer on Cole's side could make a case that Barb made an informal contract with Cole to hold on to his property indefinitely, and can't revoke that agreement without notifying him. The situation is not analogous to leaving stuff in a rental property or storage locker you have ceased to pay rent on, which is the standard case of abandoned property. But I am not convinced that given the length of time that has passed, that argument would actually win out.

Cole's best legal objection to it would probably based on unlawful use of his name or violating his right of publicity. Even if Chris legally owns the property, he might run into trouble using Cole's name to sell it.
 
timtommy said:
I am pretty confident that is true. I think a lawyer on Cole's side could make a case that Barb made an informal contract with Cole to hold on to his property indefinitely, and can't revoke that agreement without notifying him. The situation is not analogous to leaving stuff in a rental property or storage locker you have ceased to pay rent on, which is the standard case of abandoned property. But I am not convinced that given the length of time that has passed, that argument would actually win out.

Cole's best legal objection to it would probably based on unlawful use of his name or violating his right of publicity. Even if Chris legally owns the property, he might run into trouble using Cole's name to sell it.
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Acknowledging that no one would go go court over some slightly desirable comic books... I think you could also make the argument that he Chandlers tried several times to contact Cole in the past few years, and his lack of a response is a sign that he no longer considers the family (and therefore, his old property) to be his concern.
 
ChurchOfGodBear said:
Acknowledging that no one would go go court over some slightly desirable comic books... I think you could also make the argument that he Chandlers tried several times to contact Cole in the past few years, and his lack of a response is a sign that he no longer considers the family (and therefore, his old property) to be his concern.
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Sure. And yeah, to be clear, all of my arguments were talking about the hypothetical world where a) Cole gave a shit and objected b) Chris/Barb decided to fight his objection and c) all parties lawyered up and went to court to sort it out. All of those seem more or less unlikely, so it is entirely hypothetical.
 
timtommy said:
I am pretty confident that is true. I think a lawyer on Cole's side could make a case that Barb made an informal contract with Cole to hold on to his property indefinitely, and can't revoke that agreement without notifying him. The situation is not analogous to leaving stuff in a rental property or storage locker you have ceased to pay rent on, which is the standard case of abandoned property. But I am not convinced that given the length of time that has passed, that argument would actually win out.

Cole's best legal objection to it would probably based on unlawful use of his name or violating his right of publicity. Even if Chris legally owns the property, he might run into trouble using Cole's name to sell it.
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Cole doesn't publicly acknowledge Clan Chandler at all. Why would he spend a load of money and time working with a lawyer to secure the rights to some shit he left behind when he started his new life as a New York film douche? Cole doesn't have the same attachment to material bullshit that Chris inherited from Barb, he probably knows about it and sensibly realised that it wasn't worth the trouble of breaking his silence about being related to Chris.
 
Xanax said:
Cole doesn't publicly acknowledge Clan Chandler at all. Why would he spend a load of money and time working with a lawyer to secure the rights to some shit he left behind when he started his new life as a New York film douche? Cole doesn't have the same attachment to material bullshit that Chris inherited from Barb, he probably knows about it and sensibly realised that it wasn't worth the trouble of breaking his silence about being related to Chris.
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Agreed. I highly doubt Cole would go to court just to stop the family he hated and desperately tried to leave behind selling some of his own junk that he hasn't seen in around 3 decades, even if that KISS folder is mildly valuable.
 
Xanax said:
Cole doesn't publicly acknowledge Clan Chandler at all. Why would he spend a load of money and time working with a lawyer to secure the rights to some shit he left behind when he started his new life as a New York film douche? Cole doesn't have the same attachment to material bullshit that Chris inherited from Barb, he probably knows about it and sensibly realised that it wasn't worth the trouble of breaking his silence about being related to Chris.
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Yeah. Check the message above yours. I agree with all this.
 
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