The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-11-14
CIRCUIT COURT OF The UNITED STATES.
DISTRICT or MASSACHUSETTS,.
Charles d. Houghton
vs.. h
Arnold Print Works
Decree Authorizing Receivers to Sci
the Property Of the Arnold
Print Works.
LOWELL J.
October %, 1905

LOWELL j.
This cause came on to be heard on
the report filed on October 13, 1905 by
W Murray Crane Henry h. Warner
and James j Storrow. Receivers here
tofore appointed In this cause and up
on the petition OF me Receivers that
a decree should be entered authOriz
ing them to sell at public auction all
the property and business of the
Arnold Print Works as therein set
forth and
1t appearing that all persons inter.
ested have been duly notified in ac-
cordance with the directions of this
Court and no one appearing in apposi-
liCn hereto it is, upon motion Of coun-
sci for the Receivers
ORDERED ADJCDGED and De
CREED as follows
l. The Receivers are hereby au-
thorized and directed 10 offer for sale
and to sell at public auction at such
time as the Receivers may determine,
subject to the following order as to
publication and notice, at the County
Court House of Berkshire county in
! the City of Pittsfield, Massachusetts,
and as one entire lot all the property
of the Arnold Print Works including
all real estate and interests in real
estate both legal and equitable.
plants, buildings and water rights,
and all machinery, equipment, sup
plies, raw material, stock in process,
! finished goods, patents, secret pro
cesses, notes and accounts receivable,
contracts orders, shares OF stock and
other securities, good will and all
other personal property of the said
Company, and the business as a going
concern under The name Arnold Print
Works carried on by the Receivers,
and all property and rights of every
nature real, personal or mixed In the
hands or control Of the said Receivers
! excepting, however cash on hand
and cash deposits held for or claimed
by the Receivers.
2. Notice OF such proposed sale
shall be given to all persons interest
ed by publishing notice OF the time
! and place and conditions of such sale
and an attested copy of this decree
together with a description Of the real
estate 10 be sold once week for at
| least four a. weeks prior to such
sale in the North Adams Transcript a
newspaper published in the city Of
| North Adams Massachusetts, in the
| Bennington Banner. a newspaper pub
lished IN the City OF Bennington Yer.
mont and by publishing notice Of the
time. place and conditions OF such
sale and an attcsted copy of this order
/ once week for at least tour C)
weeks prior 10 such sale in the Boston
! Daily Advertiser "a newspaper pub
lished in the CITY of Boston Massa.
I chusetts and in The Journal OF Com
| merce a newspaper published I'm the
| City of New York New York. and by
mailing a copy hereof 10 all known
/ creditors of the Arnold Print works
! The Receivers may in their discretion
/ adjourn or postpone such sale from
time TO time aud without further
notice or advertisement may proceed
with such sale az the time 10 which 80
may have been adjourned
@. Such sale shall be- made subject
to- the confirmation of this Court and
10 the terms and conditions OF this
decree No bids shall be- received az
said sale unless the bidder shall
prior 10 the opening OF the sale de-
post with The Receivers subject 20
the further order OF this Court cash
or certified check payable To- the Re
ceiyers or their order ON some Nat.
ional Bank in the City of Boston or tn
the City Of New York 20 the amount
OF one hunderd thousand dollars
tSl00OO0l ANY such deposit made
By an unsuccessful bidder shall be re-
turned 10 him by the Receivers at the
close OF the sale Such deposit made
by the successful bidder shall be re-
tanned by the Receivers subject TO
the further order OF this court and u
the sale shall not bee confirmed such
deposit shall be- returned TO the de.
posijor 10 upon and after confrma.
ton OF the sale by The Court the pur-
chaser shall fail 20 pay the balance OF
the purchase price or Zoo any respect
tail 'o comply with The terms and CON
ditious of the sale. or with any order
of the Court relative thereto. such de-.
pOs,l unless the Court shall other.
wise order shall be forfeited by the
depositor and shah be retained by the
Receivers as assets of the Arnold
| Print Works and the Receivers shall
thereafter be- discharged of all ohlt
cations 20 The dcposijOr his repre-
scntaiivCs or assigns VITA reference
thereto. but DO the purchaser shall
comply with an such terms and coudi
lions of the sale aud orders of court
relative thereto. such deposit shall
be- credited as % part payment of The
purchase price upon final adjustment
with such purchaser Any purchaser
who may be- entitled TO receive any
payments under any order OF dis'ri
button which may bee made iu This
cause shall bee entitled TO have Oh,
amounts of such payments applied ou
account of me purchase price in such
manner as This Courl may dctcrmlu,
upon confirmation OF the sale. TN,
court reserves the right 90 reject any
and 400 bids and authorizes thc Re
Coi,ors to make such other terms AND
conditions of sale not Inconsistent
herewith as Zoo their discretion may
seem wise aud prudent
8 Said property shalt Doe sold sub
ioct to any and all liens for unp'i,
taxes aud assessments of every nature
aud subject to all other charges llpm
and oucumhauCcs thereon. 10 uuN
which may bc outstanding at the time
when transfer of title Us cnCctvd
whether the same existed az The time
when Receiver was appointed DO
this cause or have arisen thereafter
| rnH aten cuhiopt fo all outNinudiu.