Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-02-09
MT PHOENIX. BRATTLEBORO, FRIDAY, FEBRUARY g. 1912
Eega1 4nttres.

RECEIVERS SALE
OF Real and Personal Property
at Auction
IN THE DISTRICT COURT OF THE
UNITED STATES,
FOR the Southern District of New York,
orville r. Noble and Ralph
b. Cooley,
Complainants.
Inc Hardware and Wooden
ware Manufacturing Com
pany,
| Defendant
pursuant TO and by virtue of a decree
or the Circuit Court of the United states
Ut me southern District of New York in
| the ABOVE entitled cause dated Decam
| Der 10th, A. d. 1911, and of ancillarv 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
me Eastern Division Of the Eastern
judicial District Of Missouri for tho
Eastern District of Pennsylvania. Middle
| District of Pennsylvania, Western Ms
| trict OF Pennsylvania, Northern Tnstrict
| of Ohio, Western Division. conerm,na
and making applicable to the property Of
NE ueiehuant company in each and every
| OF said ancillary jurisdictions, the decreo
| first above referred to; the Receivers nj
| the Hardware & Woodenware Manufac-
| turing Company will sell at public euc-
| ton to the highest bidder at the Court
House in the City of Worcester, County
| OF worcester and Commonwealth Of
Massa chusetts, 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
py 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
connrmation. 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
Inc 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
ne 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
in ttaI,,
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
| payable out of the proceeds of said sale
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-
chaser from his initial payment Of ten
per cent.
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
tO oh 1t,ith
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 going concern.
Second All notes, bills and accounts
receivable, judgments, debts, dues, agree
ments and claims, stocks and bonds, and
all other receivables 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. 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, 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,