The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-11-07
CRCTII CRTRT on iHE IMIEl SILIES.
Charles d. Houghton
vs.. Equity No. 4Ol.
Arnold Print Works
Decree Authorizing Receivers to Sell
the Property Of the Arnold
Print Works.
October 23, 1908.

This cause came on TO be heard on
the report filed on October 10, 1908 by
w. Murray Crane, Henry E. Warner
and James J. Sterrow, Receivers here
tofore appointed in this cause, and up
on the petition Of me Receivers that
decree should be entered authorz-
ing them to sell at public auction all
the property and business Of the
Arnold Print Works as therein set
forth and
It appearing that all persons inter
ested have been duly notified In ac-
cordancs with the directions of this
Court and no one appearing in apposi-
ton hereto 1t Is, upon motion Of coun-
sci for the Receivers
ORDERED ADJUDGED and DE
CREED as follows:-
/. The Receivers are hereby au-
thorized and directed to offer for sale
and 10 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 i'm
the City of Pittsfeld, 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
oesses, 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 to be sold once a week for at
least four ca weeks prior TO such
sale in the North Adams Transcript a
newspaper published in the city OF
| North Adams Massachusetts. i'm 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 tour N
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 by
mailing a copy hereof TO all known
creditors Of the Arnold Print works
| The Receivers may in their discretion
adjourn or postpone such sale from
time TO time and without further
notice or advertisement may proceed
with such sale az the time TO which II
may have been adjourned
| 3. Such sale shall be made subject
to the confirmation Of this Court ant
to the terms and conditions Of thi.
decree. No bids shall be received al
said sale unless the bidder shall
prior to the opening of the sale de
post with the Receivers, subject Il
the further order of this Court cash
or a certified check payable to the Re
ceivers or their order on some Nat
lonal Bank in the City OF Boston or In
the City OF New York to the amount
Of one HUNDRED thousand dollar.
! (Sl00000l Any such deposit mad,
by an unsuccessful bidder shall be re
turned 20 him by the Receivers al 90,
close OF the sale Such deposit mad.
by the successful bidder shall be re
tanned by the Receivers subject q
the further order OF this court and q
the sale shall not be confirmed sucl
deposit shall be returned 10 the de
positor II upon and after condrma
ton OF the sale by the Court the pur
chaser shall fail TO pay the balance o.
the purchase price or In any rospec
fail to comply with the terms and con
ditions OF the sale, or with any ordel
OF the Court relative thereto. such de
post, unless the Court shall other
wise order, shall be forfeited by IN,
depositor and shall be retained by IN,
Receivers as assets of the Arnold
Print Works and the Receivers shall
thereafter be discharged OF all obi
cations TO the deposition his repre-
sentatives or assigns with referenc,
thereto; but II the purchaser shall
comply with all such terms and condl
lions OF the sale and orders OF cour
relative thereto, such deposit shall
be credited as part payment OF IN,
purchase price upon final adjustment
with such purchaser. Any purchase
who may be entitled TO receive an,
payments under any order OF distri
button which may be made In THU
cause shall be entitled to have IN,
amounts OF such payments applied oi
account Of the purchase price In sucl
manner as this Court may determine
upon confirmation of the sale Thu
court reserves the right 10 reject an,
and all bids and authorizes the Re
ceivers 10 make such other terms an,
conditions OF sale not incOnsisten
herewith as In their discretion ma.
seem wise and prudent.
4, Said property shall be sold sub
Jet TO any and all liens for unpail
taxes and assessments OF every natur,
and subject to all other charges lien
and oncumbrances thereon. n any
which may be outstanding at the tim,
when transfer OF title Is effected
whether the same existed at the tim
when n Receiver was appointed Il
this cause or have arisen thereafter
and also subject to all outstanding
contracts liabilities and obligations O
the Receivers, and the purchase
shall assume and covenant and agrc
TO perform the same and to indomnit
and save harmless the Receiver
thercfrom, and said property shall Do
charged herewith and with salt
covenant and agreement and the dee
of conveyance shall establish sue
lien and charge for the Performance
OF such obligations and for the pre-