Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-02-16
Gega1 9nttres.
RECEIVERS SALE
of Real and Personal Property
at Auction

~ $3.50 LAM ~ A1ZlZ
# Real and Personal Property
at Auction
N THE DISTRICT COURT OF THE
UNITED STATES,
or the Southern District of New York.
|rville r. Noble and Ralph
%. Cooley,
Complainants.
|he Hardware and Wooden
ware Manufacturing Com
pany,
Defendant.
Pursuant TO and by virtue of a decree
the Circuit Court of the United States
pr the Southern District of New York in
be above entitled cause dated. Deem
Ter 18th, A. D. 1911, and of ancillary de-
fees in the jurisdictions of the District
Vermont, District of Massachusetts,,
district of Rhode Island, District of New
hampshire, District of Connecticut for
be Eastern Division of the Eastern
ldicial District of Missouri, for the
astern District of Pennsylvania, Middle
istrict of Pennsylvania, Western Dis
let of Pennsylvania, Northern District
Ohio, Western Division, confirming
lie defendant company in each and every
said ancillary jurisdictions, the decree
fst above referred to; the Receivers Of
lie Hardware &c Woodenware Manufac-
,ring Company will sell at public auc-
on to the highest bidder at the Court
ouse in the City of Worcester, County
Worcester and Commonwealth of
massachusetts,, on the 21st day of Feb
larry, A. ID. 1912, at three o'clock in
lie afternoon, all the real, personal and
her property hereinafter described or
Enumerated
Such property will be sold for cash to
e highest and best bidder. The right
reject any and all bids is reserved
lie will be made subject to confirmation
the Court of primary jurisdiction on
days notice to all creditors. Pay
mt Of ten per cent of the purchase
ce will be required from the purchaser
thin ten days of the date of confirma-
n of sale by the Court of primary
isdiction. The balance of the pur.
ase price will be required to be pait
thin sixty days of the date of such
lnfirmation. The sale will be conduct
by such person as the Court may ap
int for that purpose, and will go for
ard subject to the right of the person
appointed to conduct the sale to ad
urn the same from time to time al
divided in the decree first mentioned
The highest bidder at such sale will
the time of the sale, be required t
Kecute and deliver to the person ap
ointed by the Court to conduct tn
hme such memorandum in writing a
e may require, setting forth the term
sale.
In case sale be not confirmed by tn
court, or no bid satisfactory to the part
conducting the sale is made for tn
property, the Receivers reserve the RICH
o resell the property in such manner
upon such terms and conditions as tn
Court of primary jurisdiction may direc
and without further notice of sale unles
directed by the Court to give such notice
as effectually and freely as though n
bid for the property had been previousl
made or received, or any memorandum
with reference to a previous sale ha
been executed.
Any purchaser at any sale shall
entitled to have applied in partial salts
faction of his bid the amount of an
dividend or dividends which may
payable out of the proceeds of said sa
to any creditors of the defendant con
pany, for which said purchaser sha
give acquittance and discharge to II
Receivers when such amount shall
fixed and determined by the Court ar
any purchaser may at the time of II
application to the Court to confirm ar
sale, apply to have such amount fixt
and determined, but such partial sati
faction of his bid by way of dividend
shall not in any way relieve the pu
chaser from his initial payment of t
per cent.
The purchaser shall, if the seller
requires, assume and agree to perfor
all outstanding contracts, which shi
have been made by said Receivers in t
ordinary course of business before d
livery of possession to such purchase
and said purchaser shall take said pro
erty subject to all changes with respe
| to the same which may occur in the G
binary course of business between I
time Of making such sale and the d
livery of possession of the property so
The property to be sold is,
First: All the real estate, leases, cas-
ments, water rights. tools, implement
machinery and fixtures, stock, ra
wrought and in process of the defendai
wherever and however located as is me
particularly hereinafter set forth; t
| franchises, good will and business of t
Hardware & Woodenware Manufacture
company as a going concern.
Second: All notes, bills and accour
receivable, judgments, debts, dues, agre
ments and claims, stocks and bonds a
all other receivables owned by or payal
to the Hardware & Woodenware Man
| featuring Company, or It's Receivers
such; patents and letters patent of {
United States and foreign countries, pi
vided, however that the Receivers "
not sell any notes, accounts, CLAIM
bonds, or shares of stocks, or lett,
patent that it may hold, or in which
defendant has an interest, which are
dispute or adversely claimed by a
party or parties unless and until 81
adverse claims are withdrawn or s.
tied.
Third: All other property of the
PENDANT company, not above or here
after indicated, mentioned or enumeri
ed and not adversely claimed.
The bills. notes and accounts receiva
will be offered for sale, separately a
Independently Of any other property.
REAL ESTATE.
All the right, title and interest of
defendant company, in the following p
cells of real estate.
a. A certain lot or parcel of land, CT
tanning ten acres, more or less, W
buildings of the defendant there
situate, lying and being in the. villi
of Brattleboro, County of Winding
State of Vermont, at the corner
Frost and Elm Streets, known as
S. A. Smith Company Plant, a sn
portion of which land is subject tc
lease made by the Receivers, VIII
lease expires April 18th, 1912.