Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-01-26
Gepa1 9otires.

RECEIVERS SALE |
of Real and Personal Property
at Auction
TN 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, Deem
Der 18th, A. ID. 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
| ana MAKING dppHCdDle TO the property OF
the defendant company in each and every
of said ancllary 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, al 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 APP
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 to
execute and deliver to the person ap-
pointed by the Court to conduct the
same, such memorandum in writing as
he may require, setting forth the terms
of sale.
In case sale be not confirmed by the
Court, or no bid satisfactory to the party
conducting the sale is made for the
property, the Receivers reserve the right
to resell the property in such manner,
upon such terms and conditions as the
Court of primary jurisdiction may direct
and without further notice of sale unless
directed by the Court to give such notice.
as effectually and freely as though no
bid for the property had been previously
made or received, or any memorandum
with reference to previous sale had
been executed.
Any purchaser at any sale shall be
entitled to have applied in partial salts
faction of his bid the amount of any
dividend or dividends which may be
to any creditors of the defendant COM
pany, for which said purchaser shall
give acquittance and discharge to the
Receivers when such amount shall be
fixed and determined by the Court, and
any purchaser may at the time of the
application to the Court to confirm any
sale, apply to have such amount fixed
and determined, but such partial salts
faction of his bid by way of dividends
shall not in any way relieve the pur-
| NhoSOl liOhl payment VI ten
per cent
The purchaser shall, If the seller so
requires assume and agree to perform
all outstanding contracts, which shall
have been made by said Receivers in the
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 respect
to the same which may occur in the or
binary course of business between the
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,
wrought and in process of the defendant,
wherever and however located as is more
particularly hereinafter set forth; the
franchises, good will and business of the
Hardware & Woodenware Manufacturing
company as a going concern.
Second All notes, bills and accounts
receivable. judgments, debts, dues, agree
ments and claims, stocks and bonds and
all other recevables owned by or payable
to the Hardware & Woodenware Manu-
featuring Company, or it's Receivers as
such; patents and letters patent of the
United States and foreign countries, pro-
vided, however, that the Receivers will
not sell any notes, accounts, claims,
bonds or shares of stocks, or letters
patent that it may hold, or in which the
defendant has an interest, which are in
dispute or adversely claimed by any
party or parties unless and until such
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 receivable
will be offered for sale, separately and
independently of any other property.
REAL ESTATE.
All the right, title and interest of the
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, with
buildings of the defendant thereon,
situate, lying and being in the village
of Brattleboro. County of Windham,
State of Vermont, at the corner of
Frost and Elm Streets, known as the
S. A. Smith Company Plant, a small
portion of which land is subject to a
lease made by the Receivers, which
lease expires April 18th, 1912.
b. A parcel of land containing 20 acres
more or less, situate in Guilford in the
said County OF Windham, known as