The New York herald., 1921-08-10
LEGAL NOTICES.

LEGAL NO14CGo.
supRpME COURT or NEW YORK. NEW
| YORK COUNTY.-GEORGE E. WARfss',s :,
ALBERT A. JACKSON. GEORGE ~ =; :, Ban ri
JOHN r. b. MITCHELL, Plaintiffs. agains.
SECOND AVENUE RAILROAD CoMfANi
IN THE CITY or NEW iOltk, anu o,nv.s n,aa
Defendants. County Clerks Index NO o-oo--
1919.
Notice Is hereby given that pursuant 70 q
judgment OF foreclosure and sale duiy MACS
and entered In the above-entltled acton anu
bearing date the Goth day of June, ie2l, l.
the undersigned the Referee In said 1uog.
ment named, will sell at public auction, q.
the Exchange Sales Room. No. u Nesey
Street. In the Borough of Manhattan. City.
County and State of New York, on the 1st
day of September. 1921. at IL o'clock noon,
interests and franchises directed by eaid
judgment TO be sold and therein described.
TO which Judgment. now on file In tho office
reference is hereby made for more particu-
lar description. In accordance with the pro-
visions OF said judgment. brief general
description OF the property 10 be sold Is as
follows:
d) All that lot, plot and parcel of land In
the Borough OF Manhattan, City OF New
York. with the building thereon situate. and
It's appurtenances. bounded on the north by
oTth Street. on the south by 96th Street, on
the east by First Avenue. and on the west
by Second Avenue, subject to the terms and
provisions of an agreement dated April 10,
1921. between the Receiver OF the Second
Avenue Railroad Company in the City OF
New York and the New York & Harlem
Railroad Company, relating to the use by
said New York & Harlem Railroad Company
of a portion of the car house upon said tract
OF land. copy of which agreement Is an
nexed to the petition Of Charles q. Chalmers.
verified April 20. 1921. as Schedule A. re-
cited In and filed with order of this Court
In this action. entered In the office or the
Clerk Of the County OF New York on the 1lth
day OF May. 1921.
CD All the right title and interest OF the
Second Avenue Railroad Company in the City
OF New York. and OF the Receiver In this
action. in and to the railroads. railroad
tracks. railroad routes. and franchises.
equipment. contracts. and contract rights.
scription whatsoever. comprising the rail-
road system owned by the defendant Rail-
road Company and operated by It's Receiver,
subject to agreement dated April 16. 1921.
covering trackage rights. &C.. more particu-
larly mentioned and referred to In order
OF this Court entered May IL. 1921. in this
action.
Including approximately 22.955 miles OF
single track and substructures In the City
OF New York along the routes described In
the franchises Of said Railroad Company,
approximately 2,00O.O00 duct feet OF under
ground conduits along said routes; 4i2 man
holes and handholes along said track: 2i0, 900
feet of cable; switches and cross-overs To-
Gated at the various places mentioned I'm
said Judgment: franchises. grants and or
ders. the property of said Railroad Company
pursuant to which 1t Is being operated;
roads and receivers OF other railroads for
Joint use of tracks, exchange Of facilities,
&c. all the rolling stock Of every kind. tools.
machinery. engines and equipment in the
possession OF the Receiver at the time OF
sale: all properly OF every nature and de-
scription belonging to said railroad. or its
Recsiyer. including, rights to all unex-
pended balances Of the proceeds Of insurance
upon rolling stock or other personal property,
uncxpended balances OF any special funds or
reserves In the hands Of the Receiver at the
Ztrnl 1rtx L.,
chooses In action. books, records, vouchers
ana other documents as may be necessary
to enable the Receiver to prepare his ac-
counts and perform his duties as such.
The property to be sold may be Inspected
by intending bidders subject TO regulations
to be prescribed by the Receiver. to whom
made.
An inventory OF articles OF personal prop
eerty to be sold In excess Of the value Of
500 Is on file in the office OF the County
Clerk of New York County.
as follows.
cordlng to the provisions OF said Judgment
above mentioned and subject to confirmation
py said Court. and to satisfy the amounts
provided for principal and interest and The
several sums therein allowed to be paid. or
so much thereof said property win bring
upon such sale
Unless the Court shall otherwise direct ns
In said judgment provided. no bids viii be
received from any bidder who shall not first
deposit with the undersigned as Referee, Ono
hundred thousand dollars. either In cash or
check certified by a national or state bank
or trust company situated In the City Of New
York, or Receivers certificates In the prln-
cipal amount OF said sum. which, unless In
negotiable form and payable to bearer shall
De duly endorsed and assigned In blank The
cash. checks or securities deposited by any
unsuccessful bidder viii be returned Mt the
conclusion OF the sale. The cash. checks or
securities deposited by any bidder who shall
not make good his bid, shall be forfeited as
In said judgment provided. In event any suc
cessful bidder shall fall to make good hjs
bid, the Court may direct a resale OF the
property and the bidder shall be liable for ali
expenses thereof and any deficiency OF price
realized thereon. Any party to this action
may purchase at the sale and any purchaser
may satisfy the balance OF his bid, above
the sum required to be paid In ca sh in
whole or In part by delivering 70 the under
signed as Referee. receivers cer.ifIcates ~
indebtedness IN the manner and II fbe ~.
tent as In said Judgment provided
Upon the confirmation or said sale tho nm,
dersiRned as Referee. Joined by the Peceiver
OF said Railroad Company Is 10 make ove.
cute ana deliver proper Instruments OF con-
Neyance, assignment and transfer Of s.Id
properties to the purchaser or purch, sors
freed from all Hens except taxes NOT sna'
Critically directed 10 be paid by the Referee
al as provided In said Judgment 20 which
reference Is hereby made for greater partIc-
ularity. partic-
Dated. New York. August I. 1921.
JOHN G. CLARK
M. ,.u., Referee
n