The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-10-31
CIRCUIT court OF The United STATES.
DISTRICT OF MASSACHUSETTS
Char es D. Houghton
vs.. EQUITY No. 40l.
Arnold Print Works
Decree Authorizing Receivers to Sell
the Property Of the Arnold
Print Works.
DISTRICT OF MASSACHUSETTS.
LOWER ]
October 3, 1905

October 3, 1908.
| LOWER ].
This cause came on to be heard on
the report filed on October 10, 1908 by
W. Murray Crane, Henry Il. 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-
ton hereto it is, upon motion Of coun
sci for the Receivers
ORDERED ADJUDGED and DE
CREED as follows
/. The Receivers are hereby au
thorlzed and directed to offer for sale
unu 10 sell at public auction a. such
time as the Receivers may determine,
subject to the following order as to
publication and notice, at the County
I Court House of Berkshire county in
the City of Pittsheld, 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 ny 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.
>. 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
| haAAA' W nv ohAAf NAAAf "a WIN ~ O.
least four ca 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 attested copy OF this order
once a week for at least four ca
weeks prior to such sale in the Boston
Daily Advertiser a newspaper pub.
lished in the City OF Boston Massa.
chusetts and In The Journal OF Com
merce a newspaper published In the
City of New York New York. and boy
mailing a copy hereof to an known
creditors OF the Arnold Print works
The Receivers may i'm their discretion
adjourn or postpone such sale from
time TO time and without further
notice or advertisement may proceed
with such sale al the time to which 10
may have been adjourned
3. Such sale shall be- made subject
10 the confirmation of this Court and
decree No bids shall be- received at
said sale unless the bidder shall
prior TO the opening Of the sale de
posit with the Receivers subject tC
the further order OF this Court cash
2 or certified check payable 10 the Re
! ceiyers or their order on some MAI
E ional Bank i'm the City OF Boston or In
d the City OF New York TO the amount
] OF one hunderd thousand dollar.
r (Sl000000l. Any such deposit mad,
By an unsuccessful bidder shall be- re-
, turned 10 him by the Receivers al m,
close OF the sale Such deposit mad,
| by the successful bidder shall be re-
tanned by the Receivers subject {,
the further order OF this court and 3
the sale shall not be confirmed sucl
| deposit shall be- returned to the de
positor II upon and after conGrma
i ton of the sale by the Court the pur
} chaser shall fail to pay the balance o
b The purchase price or In any respec
b fail to comply with the terms and con
s ditions OF the sale or with any orde
{ Of the Court relative thereto. such de
}. posit. unless the Court shall other
wise order. shall be forfeited by tn
!. depositor and shall be- retained by tn
o Receivers as assets OF the Arnol
Print Works and the Receivers shal
4 thereafter be discharged OF all obi
a cations to the depositor his ropr,
sentatives or assigns with retercnC
!, thereto. but II the purchaser sha
\ comply with all such terms and cond
y lions OF the sale and orders of cOur
, relative thereto. such deposit sha
:, be- credited as n part payment Of N
- purchase price upon final adjustment
y, with such purchaser ANY purchase
who may be entitled to receive an
payments under any order OF disir
b. button which may be made IN thI
Is cause shall be- entitled 10 have M
y. amounts OF such payments applied %
D." account OF the purchase price In sue
r manner as this Court may dctermiu
! upon confirmation of the sale. Tn
!. court reserves the right to reject am
ID and All bids and authorizes the RI
y ceivers to make such other terms an
~ conditions of sale not inconsistcr
" herewith as In their discretion ma
seem wise and prudent
.o 4. Said property shall be sold sal
I, iect to any and all liens for uupal
" taxes and assessments of every natur
= and subject To- all other charges lien
I, and encumhrancps thereon II an
~ which may be- outstanding at the tim
!. when transfer OF title is efocteO
~ whether the same existed at the tim
~ this cause or have arisen thcreafie
= and also subject to all outstandin
: contracts liabilities and obligations ,
I, the Receivers. and the purChas,
~ shall assume and covenant and ayr,
~ tn nprfDrun tho Same and To indnmuiI
.. and save harmless the Receiver
M therefrom. and said property shall I
!, charged Herewith and with sal
= covenant and agreement and the dee
~ Of conveyance shall establish sue
lien and charge for The performanC
OF such obligations and for the pr