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

lNGN<GA G1No Va AAG
of Real and Personal Property
at Auction
In THE DISTRICT COURT OF THE
4 UNITED STATES,
For the Southern District OF New York.
Orville r. Noble and Ralph
b. Cooley,
Complainants.
In Equity.
The Hardware and Wooden
ware Manufacturing Com
pany,
Defendant.
Pursuant to and by virtue of a decree
OF the Circuit Court OF the United States
for the Southern District OF New York in
the above entitled cause dated, Decem-
Der 18th, A. d. 1911, and Of ancillary de-
crees In the jurisdictions Of the District
Of Vermont, District Of Massachusetts,,
District of Rhode Island, District of New
Hampshire, District of Connecticut, for
the Eastern Division OF the Eastern
Judicial District Of Missouri. for the
Eastern District of Pennsylvania, Middle
District of Pennsylvania, Western Dis
trict of Pennsylvania, Northern District
OF Ohio, Western Division, confirming
and making applicable to the property of
the defendant company in each and every
OF said ancillary jurisdictions, the decree
first above referred to; the Receivers OF
the Hardware & Woodenware Manufac-
turing Company will sell at public auc-
ton to the highest bidder at the Court
House in the City of Worcester, County
of Worcester and Commonwealth Of
Massachusetts, on the 21st day of Feb
| ruary, A. d. 1912, at three o'clock in
the afternoon, all the real, personal and
other property hereinafter described or
| enumerated
Such property will be sold for cash to
the highest and best bidder. The right
to reject any and all bids is reserved.
Sale will be made subject to confirmation
| by the Court Of primary Jurisdiction on
| ten days notice to all creditors. Pay
| ment OF ten per cent of the purchase
price will be required from the purchaser
within ten days Of the date OF confirma-
| ton of sale by the Court of primary
Jurisdiction. The balance of the pur-
| chase price will be required to be paid
| within sixty days of the date of such
| confirmation. The sale will be conduct
| ed by such person as the Court may ap-
point for that purpose, and will go for
| ward subject to the right of the person
so appointed to conduct the sale to ad-
journ the same from time to time as
| provided In the decree first mentioned
The highest bidder at such sale will
at the time OF the sale, be required tc
execute and deliver to the person APP
| pointed by the Court to conduct the
he may require, setting forth the terms
Of sale.
In case sale be not confirmed by the
Court, or no bid satisfa Glory to the party
conducting the sale is made for the
property, the Receivers reserve the RICH
to 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 unless
directed by the Court to give such notice
as effectually and freely as though m
bid for the property had been previousl.
made or received, or any memorandum
with reference to previous sale hat
been executed.
J Any purchaser at any sale shall b.
entitled to have applied in partial salts
faction Of his bid the amount of an.
dividend or dividends which may b.
payable out of the proceeds of said sal
to any creditors Of the defendant com
pany. for which said purchaser shall
give acquittance and discharge to tn
Receivers when such amount shall b.
fixed and determined by the Court, ant
any purchaser may at the time Of tn
application to the Court to confirm an.
sale, apply to have such amount fixe,
and determined, but such partial salts
faction of his bid by way of dividend
shall not in any way relieve the pur
chaser from his. initial payment of te
per cent.
The purchaser shall, If the seller s
requires, assume and agree to perforr
all outsta nding contracts, which sha
have been made by said Receivers in tn
ordinary course of business before de
livery Of possession to such purchaser
and said purchaser shall take said prop
erty subject to all changes with respec
to the same which may occur in the or
| 90 h,,Ct hatu \,
time OF making such sale and the de
livery of possession of the property sold
The property to be sold is
First All the real estate, leases, ease
ments water rights. tools, implements
machinery and fixtures, stock, raw
wherever and however located as Is NOR
particularly hereinafter set forth tn
franchises, good will and business of tn
Hardware e. Woodenware MANUFACTURER
company as going concern.
Second: All notes, bills and account
receivable, judgments, debts, dues, agree
ments and claims, stocks and bonds, an
all other receivables owned by or payabl
to the Hardware & Woodenware Manu-
featuring Company, or its Receivers a
such; patents and letters patent of tn
United States and foreign countries, pro
vided. however, that the Receivers wi
not sell any notes, accounts claims
patent that it may hold, or in which tn
defendant has an interest, which are i
dispute or adversely claimed by an
party or parties unless and until sue
adverse claims are withdrawn or set
tied.
Third: All other property OF the de
PENDANT company, not above or herein
after indicated, mentioned or enumerat
ed, and not adversely claimed.
The bills, notes and accounts receivabl
will be offered for sale, separately an
,, independently Of any other property
REAL ESTATE.
All the right, title and interest OF tn
defendant company, in the following par
, cells OF real estate.
a. A certain lot or parcel of land, con
tanning ten acres, more or less, wit
buildings OF the defendant Thereon
situate, lying and being in the villag
Of Brattleboro. County OF Windhan
State Of Vermont. at the corner c
Frost and Elm Streets. known as tn
s. A. Smith Company Plant, a sma
portion OF which land Is subject to
lease made by the Receivers, whic
lease expires April 18th, 1912.
b. parcel Of land. containing 20 acre.
more or less. situate in Guilford in tn
said County OF Windham, known a
the Speare lot, being sprout land.
c. The leasehold rights OF the defendan