Stolen cue!!! Barry Stewart has my cue.

eddie0776 said:
I think that there is more to this story than we are told. It would be nice it this Barry guy would come tell his side, because something doesn't smell right about all of this.
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I hope everything works out fair in the end. I too suspect there may have been some previous dealings, we are not getting the question answered about why he has Barry's address and phone number, it almost seems as though Barry feels maybe he is owed something by the op. It may help if the op answered this simple question, I would hate to call someone out based on a one sided story, especially if we are not supplied the details of the incident. On the other hand, if Barry is in fact a member here and reads these forums why does he not defend himself and protect his rep if he is not in the wrong, I sure would if it were me.:confused:
 
I read thru this thread like it was a dime novel - hoping it would conclude happily - it not only sounds like the last page is missing but maybe even a few chapters.

I know there were a couple of 'arm-chair lawyer' comments along the way but does something shipped to you without your solicitation become your property or is that urban legend?

It seems to me that is the basis for any start of something other than strong arm tactics.

SAD at best with the one side of the story we know right now.
 
There's nothing else to it. I have no clue who Barry is. I'm not wasting my time explaining the tinny details. I'm getting screwed!!!!!!!!! For no reason!!! It makes no sense!!!!! The guy has a short circuit. There is not one reason on earth for him to steal from me or Sam, who was excitedly waiting for his cue. Barry you ruined our day. Your a thief!!!! I will be contact the police. This cue will have a paper trail.
I have an Email from him asking for a weight bolt with Gracio engraved in it. I cut the bolt and was shipping it without him knowing it was coming. Surprise!!! Cool bolt.
I printed two labels and stuck the wrong one on each box. Sam checked the tracking and it wasn't his address. Barry was informed. A true man would of never accepted the box and told the post office to return it to sender. A thief signs for it and takes it home to open.

You guys are barking up a tree that isn't there. I went public for a reason. He's a thief!!!!! I don't tolerate thief's!!! If you want to deal with a thief that's your choice. I will not and I will let others know. This guy will buy and sell in the cue world. He's a thief and he will be treated like one.

Barry!!!!! I know you're reading this. Send my cue back. Get on here and talk. Answer my phone. Chicken! It's not yours and you know it. You knew before you opened the box it wasn't yours. Keeping it is stealing. It's sad you need this little bit of money so bad you have to steal my cue.
 
Ship fedex or UPS in the future, it may cost a smidge more but you can redirect the package. I hope this is made whole for everyone.
 
Sorry - the chapter I think is missing is this guy answering the open questions such as why he thinks it is OK to keep something that isn't his. ...and the only true ending to all of this is the rightful owner getting the cue. I'll add and "and" - AND if he feels he's entitled to something for another reason, well, he needs to write that chapter.
 
I have an Email from him asking for a weight bolt with Gracio engraved in it. I cut the bolt and was shipping it without him knowing it was coming. Surprise!!! Cool bolt.
I printed two labels and stuck the wrong one on each box

Now we know why he had the address, so the guy needs to come on here and make it right. I know several of us has asked, but I will ask again.....what is his name on here? You keep saying you know he is reading this, so what is his handle on here?
 
Limpkinw said:
Ship fedex or UPS in the future, it may cost a smidge more but you can redirect the package. I hope this is made whole for everyone.
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The US Postal Service can recall a package also. Graciocues could have gone to his local PO and done this. Would have solved this whole mess.
I can get the phone number of any Post Office in the country from my work computer, I'm sure his PO can do this also.
 
tucson9ball said:
The US Postal Service can recall a package also. Graciocues could have gone to his local PO and done this. Would have solved this whole mess.
I can get the phone number of any Post Office in the country from my work computer, I'm sure his PO can do this also.
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And the mail carrier would show up to retrieve the package only to be told that the homeowner hasn't a clue as to what he's talking about.....if he answers the door at all. Do you think the mail carrier is gonna stick around arguing with the guy...I think not.

BTW...I was not aware that the PO could re-route packages either....not common knowledge.

Lastly...as to the remark concerning Graciocues being difficult to get a hold of....Scott did mention that he has been dealing with his wife's illness, and had shut down his shop for a while. Personally, I have never had an issue with Scott returning my emails in the past...this was prior to his personal life going a bit sideways.

Sent from my HTC One V using Tapatalk 2
 
i think

[COLOR="Red" said:
ridewiththewind;4151249]And the mail carrier would show up to retrieve the package only to be told that the homeowner hasn't a clue as to what he's talking about.....if he answers the door at all. Do you think the mail carrier is gonna stick around arguing with the guy...I think not.[/COLOR]

BTW...I was not aware that the PO could re-route packages either....not common knowledge.

Lastly...as to the remark concerning Graciocues being difficult to get a hold of....Scott did mention that he has been dealing with his wife's illness, and had shut down his shop for a while. Personally, I have never had an issue with Scott returning my emails in the past...this was prior to his personal life going a bit sideways.

Sent from my HTC One V using Tapatalk 2
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I think he meant they could recall if it was still in transit, not once it has been delivered.
 
crabbcatjohn said:
I think he meant they could recall if it was still in transit, not once it has been delivered.
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ding...ding...ding...We have a winner.

Usually the clerks at the delivery station would head it off at the pass, before the carrier gets it.
Onc it's delivered, it's gone...
 
There's a lot of would could should ofs. Didn't know I could stop the package. A man would send the cue back. He's not a man. He's a thief. How man friends you got Barry? If you have any is this how you treat them?

I don't know his screen name. He's afraid to show face here. He has no reason on earth to steal my cue so there's nothing he can say. He knows he's in the wrong. Posting on this thread won't happen. He can't even lie to get out of this one.
We're all waiting to hear why you're stealing my cue. Why not send it back.
 
TCo said:
I read thru this thread like it was a dime novel - hoping it would conclude happily - it not only sounds like the last page is missing but maybe even a few chapters.

I know there were a couple of 'arm-chair lawyer' comments along the way but does something shipped to you without your solicitation become your property or is that urban legend?

It seems to me that is the basis for any start of something other than strong arm tactics.

SAD at best with the one side of the story we know right now.
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No, its not an urban legend.

After some research, just to double check the state law where the cue is.....there is no criminal act with what happened.

Unfortunately, if you accidentally send something in the mail, the recipiant has no legal responsibility to return the misshipped item, and can actually keep it as a "gift."

This is one of those situations that doesn't really happen often, and there aren't any statutes against it. I'm not sure if SC is a common law state, as I didn't look that far. If it is, one could research cases and see if there are any judgements in favor of the shipper for something like this.

The only legal recourse at this point is filing a suit in civil court, providing the evidence of the mistake, evidence of receipt, and evidence of recipiant's knowledge of the mistake. Even then, a judge could still rule in favor of the recipiant of the cue. Likely they would just order the cue returned.

If its possible for the sender to get to the state of the recipiant cheaply, I'd file in civil court. If it would cost you more than its worth in travel, I'd just continue to try to contact the recipiant, or just chalk it up to a lesson learned.

Sad that something like this happened, but its not something that happens enough for statutes to be in place apparently.
 
Graciocues said:
There's nothing else to it. I have no clue who Barry is. I'm not wasting my time explaining the tinny details. I'm getting screwed!!!!!!!!! For no reason!!! It makes no sense!!!!! The guy has a short circuit. There is not one reason on earth for him to steal from me or Sam, who was excitedly waiting for his cue. Barry you ruined our day. Your a thief!!!! I will be contact the police. This cue will have a paper trail.
I have an Email from him asking for a weight bolt with Gracio engraved in it. I cut the bolt and was shipping it without him knowing it was coming. Surprise!!! Cool bolt.
I printed two labels and stuck the wrong one on each box. Sam checked the tracking and it wasn't his address. Barry was informed. A true man would of never accepted the box and told the post office to return it to sender. A thief signs for it and takes it home to open.

You guys are barking up a tree that isn't there. I went public for a reason. He's a thief!!!!! I don't tolerate thief's!!! If you want to deal with a thief that's your choice. I will not and I will let others know. This guy will buy and sell in the cue world. He's a thief and he will be treated like one.

Barry!!!!! I know you're reading this. Send my cue back. Get on here and talk. Answer my phone. Chicken! It's not yours and you know it. You knew before you opened the box it wasn't yours. Keeping it is stealing. It's sad you need this little bit of money so bad you have to steal my cue.
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Um....if you're going to go public, you need to explain the "tiny details."

I'm slightly confused now.....if you have no idea who Barry is, why did you have his address?

You need to start answering the questions asked. You can't just go public and say "he stole my cue," then ignore questions.

You could be setting yourself up for legal recourse if you're not careful when posting accusations. You are being very specific, and specific details is what starts getting you into slander and libel territory.
 
SterlingArcher said:
Um....if you're going to go public, you need to explain the "tiny details."

I'm slightly confused now.....if you have no idea who Barry is, why did you have his address?

You need to start answering the questions asked. You can't just go public and say "he stole my cue," then ignore questions.

You could be setting yourself up for legal recourse if you're not careful when posting accusations. You are being very specific, and specific details is what starts getting you into slander and libel territory.
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He already covered this in a previous post. At the end of the day who really cares about those details? He accidently sent the cue to the wrong person and the wrong person is refusing to return the property. That makes him a 2 bit thief.
 
TheNewSharkster said:
He already covered this in a previous post. At the end of the day who really cares about those details? He accidently sent the cue to the wrong person and the wrong person is refusing to return the property. That makes him a 2 bit thief.
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Allegedly......

Hopefully he gets the cue back, but there still seems to be more too it.

A guy wants a weight bolt, gets a cue by accident, and is telling people he's going to sell it right away? Just doesn't sound right. But hey, I've seen crazier things.
 
SterlingArcher said:
No, its not an urban legend.

After some research, just to double check the state law where the cue is.....there is no criminal act with what happened.

Unfortunately, if you accidentally send something in the mail, the recipiant has no legal responsibility to return the misshipped item, and can actually keep it as a "gift."

This is one of those situations that doesn't really happen often, and there aren't any statutes against it. I'm not sure if SC is a common law state, as I didn't look that far. If it is, one could research cases and see if there are any judgements in favor of the shipper for something like this.

The only legal recourse at this point is filing a suit in civil court, providing the evidence of the mistake, evidence of receipt, and evidence of recipiant's knowledge of the mistake. Even then, a judge could still rule in favor of the recipiant of the cue. Likely they would just order the cue returned.

If its possible for the sender to get to the state of the recipiant cheaply, I'd file in civil court. If it would cost you more than its worth in travel, I'd just continue to try to contact the recipiant, or just chalk it up to a lesson learned.

Sad that something like this happened, but its not something that happens enough for statutes to be in place apparently.
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So let me see if I understand this with a hypothetical example.

I work for a jeweler who sells online. Someone orders a $50,000 necklace and my friend who orders from this shop as well orders a $100 bracelet.

I make a mistake and switch the labels and the $50k pendant ends up in my friend's hands and he keeps it. No crime has been committed?

So essentially what this means is that anyone can steal from shippers by figuring out how to get things sent to the wrong address. And employees can figure out how to steal by intentionally shipping to the wrong address.

Somehow I don't think that this is all there is to it. I can't imagine that it's perfectly legal to accept possession of property that isn't yours and immediately assert ownership rights over it when you have not purchased or been intentionally given that property.

If that is the case then what is the difference if I simply walk over and take your cue? Possession being 9/10ths of the law and all. Why can't I say that you gave it to me. In fact when you hand me your cue to shoot with why can't I just keep it, legally?

What does transmission through the mail have to do with it? The postal service is just the delivery mechanism. The ownership of the merchandise belongs to the purchaser of that merchandise until such time as he intentionally transfers it. I don't think that making an error in shipping qualifies as intentional transfer of ownership.

I have to believe that the law does cover this and that it's not legal to retain control over property that is not yours.
 
TheNewSharkster said:
At the end of the day who really cares about those details?
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The courts, if he gets sued for libel. He's put up enough to merit a case against him, if it what he is saying is false. It doesn't appear to be, but you never know who you are "up against".

The proper course of action, when things get into legal territories, is to remove the online posts, or to make a single post explaining the situation in some detail and then stopping. Devolving into name calling is just bad. Exposing name, address, and phone numbers is very bad, especially if it is to a private residence instead of a place of business. That, IMO, crossed into libel territory.

If I were graciocues' attorney, I would tell him to put a sock in it and clean it up before it derails further. That would include a deletion of this thread and all sub-forums he posted in. His anger and venting has likely taken him into territories he does not want to be in. In all likelihood he will not be able to afford an attorney to defend him when the time comes.

Discussing legal situations, or a course of action, is one thing, naming persons and labeling them is another. If you publish on your blog (azbilliards.com in this case), you had better be 100% solid.

Lookup the online defamation law.
 
JB Cases said:
So let me see if I understand this with a hypothetical example.

I work for a jeweler who sells online. Someone orders a $50,000 necklace and my friend who orders from this shop as well orders a $100 bracelet.

I make a mistake and switch the labels and the $50k pendant ends up in my friend's hands and he keeps it. No crime has been committed?

So essentially what this means is that anyone can steal from shippers by figuring out how to get things sent to the wrong address. And employees can figure out how to steal by intentionally shipping to the wrong address.

Somehow I don't think that this is all there is to it. I can't imagine that it's perfectly legal to accept possession of property that isn't yours and immediately assert ownership rights over it when you have not purchased or been intentionally given that property.

If that is the case then what is the difference if I simply walk over and take your cue? Possession being 9/10ths of the law and all. Why can't I say that you gave it to me. In fact when you hand me your cue to shoot with why can't I just keep it, legally?

What does transmission through the mail have to do with it? The postal service is just the delivery mechanism. The ownership of the merchandise belongs to the purchaser of that merchandise until such time as he intentionally transfers it. I don't think that making an error in shipping qualifies as intentional transfer of ownership.

I have to believe that the law does cover this and that it's not legal to retain control over property that is not yours.
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Jewelry may actually have some seperate laws depending on the state. Some states actually have laws directly relating to jewelry.

The whole posession is 9/10ths of the law thing is somewhat not true. Basically, if someone has something, its up to someone else to prove its not theirs is the jist of it.

If employees scheme to ship to the wrong address, they merchandise would be considered stolen when the employee knowingly put the wrong label on it.

The short answer for why the mail matters, is to protect consumers from being sent random merchandise in the mail, then trying to get them to pay for it. If you send something unsolicited in the mail, they can keep it.

Say you order a camera from amazon and when you open the package you find two cameras. Technically, the second camera is legally yours. Yes I know, its stupid, but thats the law as of right now.

So, yes, being in the mail is a huge part of it. Very different than just walking over and picking up someone's cue.

Again, there is likely a civil recourse in which he could sue to have the cue returned. However, there is no criminal act that has taken place.

This kind of thing hardly ever happens. Its on the same level as say for example, you are married and have a child. You or your wife decide to just up and leave with your child. If there has been no court order stating otherwise (only way is to petition the court to do such), there is no criminal charge for kidnapping, since both of you are parents. Its a legal grey area, and you would have to appear in front of a judge and have them grant some sort of custody arrangement.

Same thing here, there is no law in place for accidentally mailing something to someone. You would need a judgement to legally force the cue to be returned.

I'm not saying its "right," just that its "legal."
 
SterlingArcher said:
No, its not an urban legend.

After some research, just to double check the state law where the cue is.....there is no criminal act with what happened.

Unfortunately, if you accidentally send something in the mail, the recipiant has no legal responsibility to return the misshipped item, and can actually keep it as a "gift."

This is one of those situations that doesn't really happen often, and there aren't any statutes against it. I'm not sure if SC is a common law state, as I didn't look that far. If it is, one could research cases and see if there are any judgements in favor of the shipper for something like this.

The only legal recourse at this point is filing a suit in civil court, providing the evidence of the mistake, evidence of receipt, and evidence of recipiant's knowledge of the mistake. Even then, a judge could still rule in favor of the recipiant of the cue. Likely they would just order the cue returned.

If its possible for the sender to get to the state of the recipiant cheaply, I'd file in civil court. If it would cost you more than its worth in travel, I'd just continue to try to contact the recipiant, or just chalk it up to a lesson learned.

Sad that something like this happened, but its not something that happens enough for statutes to be in place apparently.
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My understanding, based on personal experience in investigating similar cases as a police officer, is slightly different. If an unsolicited item is shipped to you, and you are asked to buy it, or are sent a bill, you are not obligated to either pay for it, or return it. That does not apply, in this case, since it was an accident, and not an intentional or willful act, intended to coerce someone into paying for an item they did not order.
 
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