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Lot 181: Frank Herbst (PA,IL,Egypt,1912-1970) oil painting

Est: $475 USD - $525 USDPassed
Broward Auction GalleryDania Beach, FL, USDecember 06, 2020

Item Overview

Description

ARTIST: Frank C Herbst (Pennsylvania, Illinois, Egypt, 1912 - 1970)
NAME: Illustration - Old Man and Woman
MEDIUM: oil on canvas
CONDITION: One puncture. Few minor scratches. No visible inpaint under UV light.
SIGHT SIZE: 20 x 24 inches / 50 x 60 cm
FRAME SIZE: 21 x 25 inches / 53 x 63 cm
SIGNATURE: lower right
SIMILAR ARTISTS: Arthur Bowen Davies, Moses Soyer, Charles Henry Gifford, Antonio Martino, Charles Herbert Woodbury, Eric Sloane, Arthur Burdett Frost, Johann Berthelsen, Raphael Soyer, James Gale Tyler, John Cuthbert Hare, Carl Philipp Weber, William Jachwak, Jerome Howes, Paul Strisik, Christopher High Shearer
CATEGORY: antique vintage painting
AD: ART CONSIGNMENTS WANTED. CONTACT US
SKU#: 117127
US Shipping $75 + insurance.

BIOGRAPHY:
Frank C. Herbst was born in Newark, Essex County, New Jersey, on October 10, 1890, a son of Ignatz Herbst and Amelia Heitlinger. The 1900 Federal population census indicates that the family then lived at 152 Lafayette Street in Ward 5 of Newark in a household headed by Amelia's father Matthew Heitlinger, age 69.
A native of Germany, he had became a United States citizen in 1853. The house was located in Newark's Ironbound District, a block from the elevated mainline tracks of the Pennsylvania Railroad. Other members of the household included daughter Amelia Herbst, born in New Jersey in August 1859; son-in-law Ignatz Herbst, age 50, who had been born in Germany but who became a U. S. citizen in 1870, and who was employed as a shipping clerk for the Central Railroad of New Jersey; grandson Frank Herbst, then age nine and attending school; and a second grandson Edward J. Herbst, who was then only five years old, having been born in January 1895.
By 1910, Ignatz had become head of the Herbst household at the same Lafayette Street address. But Frank, then age nineteen, had found employment as a silver designer, demonstrating an early aptitude for art and drawing. Silver manufacturing was then a major Newark industry. Ten years later, the family had been reduced to Amelia Herbst, then age sixty, son Edward J., age twenty-five, and son Frank C., age twenty-nine and employed as a musician. They still resided at 152 Lafayette Street in the Ironbound District. Two years later, however, the three of them moved to a suburban residence at 29 Holland Road in South Orange, Essex County, owned by Edward. He had embarked on a successful career in Newark's insurance industry. The two sons, who remained unmarried, lived at that address for the remainder of their lives. Meanwhile, Frank continued his music career, being listed as a musician in an orchestra in the 1930 U. S. Census.
On 12 June 1936, Frank Herbst applied to the U. S Bureau of Navigation and Steamboat Inspection for a Seaman's Protection Certificate. The application confirmed that he had been born in Newark on 10 October 1890, and that he resided at 29 Holland Road in South Orange. But interestingly, Herbst listed his occupation at Music Leader on the S.S. Manhattan. This very large luxury passenger liner had become the flagship of the United States Lines following its launch in 1931. Until 1939, it served on the New York to Hamburg route, followed by several others. It became a troop ship in 1941, and never returned to passenger service. As part of his Seaman's Protection application, Frank Herbst attached a photograph of himself (see below). The 1940 U. S. Census continued to list his occupation as Musician and the industry as Board Ship perhaps still serving on the prestigious S.S. Manhattan.
While enjoying his primary career as a musician, Frank Herbst was also earning a reputation as a skilled artist and illustrator. From his beginning as a silver designer by 1910 at age nineteen, he advanced to the point that he was selling illustrations as early as 1918. This particular dated work was entitled Concert Crowd. Like so many other aspiring area artists, Herbst studied at the Art Students League in New York City. A prestigious school founded in 1875, it reported in 1924 a staff of twenty-six instructors and 2,394 students. They offered a wide range of instruction in painting, drawing, illustration, sculpture, etching, lithography, composition, woodblock, and color printing, with day, evening and Saturday classes to attract a wide range of students. Tuition ranged from $52 to $120 for eight months, putting enrollment at the League within range of individuals with even modest incomes.
The commercial work turned out by Frank Herbst included magazine covers and illustrations, often for popular pulp publications such as Adventure. They included western as well as war-time themes, in addition to social scenes. At the same time, Herbst produced a significant volume of landscape and cityscape paintings in a traditional if somewhat Impressionistic style. He found art inspiration throughout the greater tri-state area of New York, New Jersey, and Connecticut, but especially around his native Newark.
A very brief biographical entry for Herbst appeared first in the 1925 edition of American Art Annual. It simply stated HERBST, FRANK C., 152 LaFayette St., Newark N. J. It went on to indicate that he was an illustrator and a member of the Society of Illustrators in New York City. This very short entry appeared without change in the 1927 edition of American Art Annual, and also in the 1931 edition discussed above, even though Herbst and his brother had moved to South Orange about 1922. The Newark address was where he had grown up.
Frank Herbst apparently did not return to his shipboard musical career following World War II. For many years thereafter, he maintained a studio in Newark, an easy commute from South Orange. His obituary noted that he exhibited his work at shows, won many top awards, and that his paintings had entered many private collections. The Washington Square Outdoor Art Exhibits of the 1960s proved to be a good venue for Herbst. This semi-annual event in New York City had become an extremely popular marketplace for collectors interested in more traditional landscape painting such as Herbst produced.
In the fall exhibit of 1962, as noted in the Jersey Journal newspaper published in Jersey City:
Frank Herbst of Newark will receive a Washington Square Outdoor Art Exhibit award for an oil painting, Jersey Canal, which will also be a part of the traveling exhibit. He also won a fifth honorable mention in the oil section for another painting, End of Road.
The following year Herbst received a first prize in oils at the September Washington Square event. An article in the Jersey Journal article noted that his studio was then located at 643 Broad Street in Newark. Washington Square awards continued to be given to Herbst, by then in his mid-70s. In June of 1964, his painting entitled West Ninth Street received first prize in oils. A year later, the Jersey Journal announced Top Prizes in N.Y. for N.J. Artists.
The Bruce Stevenson Memorial Award, given by his widow, Ruth Rolston Stevenson, who is also an artist, will go to Frank Herbst of Newark. Winner of fourth prize in oils, the painting is called Gaylordsville, Conn. Back Yard. Another of Herbst's paintings, Grey Day, Jones Beach, won him another honor a Washington Square Outdoor Art Exhibit Travel Exhibit award.
The Washington Square accolades continued into 1966. At the June exhibit:
Frank Herbst, a Newark artist who has won awards in several previous shows, will receive a third prize in the oils division the Florence Kasten Award for his painting called Yacht Club.
That would prove to be the last major award accorded to this talented and prolific Newark artist, as on 11 November 1966 the Newark Star-Ledger, carried the news that “Frank C. Herbst, 76, of 29 Holland Rd., South Orange, a popular artist, died yesterday in Orange Memorial Hospital. The obituary that followed described in brief terms his artistic background and career, funeral arrangements, that he had been a resident of South Orange for forty-four years, and that he left a brother, Edward J. Herbst. It also noted that He was a member of the Musician's Union of New York and New Jersey. That should dispel any doubt that Frank C. Herbst the illustrator and Frank C. Herbst the musician was in fact the same person.

Artist or Maker

Payment & Shipping

Payment

Accepted forms of payment: American Express, Discover, MasterCard, Personal Check, Visa, Wire Transfer

Shipping

Shipping: Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to five (5) business days for said shipment to leave our (Broward Auction Gallery) auction house. All domestic mainland items are shipped via USPS Parcel Select unless otherwise specified or requested by the customer.
Invoices must be paid in full to Broward Auction Gallery before purchased property can be released or collected. We will store merchandise free of charge for a period of up to (10) business days. After that period a daily storage charge of $5 per lot/day will commence regardless of lot size or value.
For items that are too large for in-house shipment, a gallery approved vendor will be provided for crate and freight services. Broward Auction Gallery WILL NOT CANCEL SALE DUE TO SHIPPING.

Auction Details

Fine & Decorative Art (December 2020)

by
Broward Auction Gallery
December 06, 2020, 11:45 AM EST

#185 398 E Dania Beach blvd, Dania Beach, FL, 33004, US

Terms

Buyer's Premium

25.0%

Bidding Increments

From:To:Increment:
$0$199$10
$200$399$20
$400$699$25
$700$1,499$50
$1,500$3,999$100
$4,000$7,999$250
$8,000$14,999$500
$15,000$29,999$1,000
$30,000$299,999$2,000
$300,000+$5,000

Terms and Conditions

TERMS & CONDITIONS
Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Broward Auction Gallery. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale:

1) All property is sold in "as is" condition and all sales are final. Neither Broward Auction Gallery nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein).
If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs.
ANTIQUES: Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be noted in the description.
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2) Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price.

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8) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Under no circumstances will Broward Auction Gallery liabilities to a purchaser exceed the purchase price actually paid.

9) A 23% buyer's premium will be added to the sale of each lot, plus applicable taxes, unless exempt by law. Applicable Sales or use taxes will be added to the purchase price of all taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to Broward Auction Gallery to avoid paying sales tax. Out of state Internet buyers are sales tax exempt unless you elect to pick up your item(s). In that case, to be exempt, you must present a valid Resale Certificate from you state and complete and sign an affidavit stating all items purchased are for resale out of state.

10) All invoices must be paid no later than the 5th business day following the conclusion of the auction. A dispute will be entered for any invoice not paid within 5 business day.
We accept credit cards, personal or company checks, bank wire transfers. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Broward Auction Gallery reserves the right to hold merchandise purchased by personal check until the check has cleared the bank.
Any invoice not paid in full within fourteen (14) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.
Credit Cards PAYMENT LIMITS: As a measure of fraud protection, we do not accept credit card payments in excess of $3,000. Total invoice purchases over $3,000 REQUIRES a wire transfer or check payment.

11) Shipping: Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to five (5) business days for said shipment to leave our (Broward Auction Gallery) auction house. All domestic mainland items are shipped via USPS Parcel Select unless otherwise specified or requested by the customer.
Invoices must be paid in full to Broward Auction Gallery before purchased property can be released or collected. We will store merchandise free of charge for a period of up to (10) business days. After that period a daily storage charge of $5 per lot/day will commence regardless of lot size or value.
For items that are too large for in-house shipment, a gallery approved vendor will be provided for crate and freight services. Broward Auction Gallery WILL NOT CANCEL SALE DUE TO SHIPPING.

12) If any applicable conditions contained herein are not complied with by the purchaser, Broward Auction Gallery may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost.

13) ARBITRATION: Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorneys fees.

Shipping Terms

Shipping: Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to five (5) business days for said shipment to leave our (Broward Auction Gallery) auction house. All domestic mainland items are shipped via USPS Parcel Select unless otherwise specified or requested by the customer.
Invoices must be paid in full to Broward Auction Gallery before purchased property can be released or collected. We will store merchandise free of charge for a period of up to (10) business days. After that period a daily storage charge of $5 per lot/day will commence regardless of lot size or value.
For items that are too large for in-house shipment, a gallery approved vendor will be provided for crate and freight services. Broward Auction Gallery WILL NOT CANCEL SALE DUE TO SHIPPING.

Payment Terms

All invoices must be paid no later than the 5th business day following the conclusion of the auction. A dispute will be entered for any invoice not paid within 5 business day.
We accept credit cards, personal or company checks, bank wire transfers. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Broward Auction Gallery reserves the right to hold merchandise purchased by personal check until the check has cleared the bank.
Any invoice not paid in full within fourteen (14) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.
Credit Cards PAYMENT LIMITS: As a measure of fraud protection, we do not accept credit card payments in excess of $3,000. Total invoice purchases over $3,000 REQUIRES a wire transfer or check payment.

Buyer Premium & Taxes

A 25% buyer's premium will be added to the sale of each lot, plus applicable taxes, unless exempt by law. Applicable Sales or use taxes will be added to the purchase price of all taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to Broward Auction Gallery to avoid paying sales tax. Out of state Internet buyers are sales tax exempt unless you elect to pick up your item(s). In that case, to be exempt, you must present a valid Resale Certificate from you state and complete and sign an affidavit stating all items purchased are for resale out of state.