The New York herald., 1921-08-24
LEGAL NOTICES.

SUPREME COURT OF NEW YORK. NEW
YORK CoUNTY.-GEoRGE p. WARSE.SS. a
STOW. JR.. HERMAN D. KouNTzE and
JOHN +. B. MITCHELL, Plaintiffs, againsI
IN THE CITY or NEW YORK. and others.
Defendants. County Clerks Index NO. o-oo<-
1919.
Notice Is hereby given that pursuant to .
judgment OF foreclosure and sale duly made
and entered In the above-entitled action ana
bearing date the 29th day of June, 1871. !.
ment named Will sell at public auction, ct
the Exchange Sales Room, No. IA Vesey
Street. in the Borough OF Manhattan, CITY.
day or September. 1921, at 12 O'Clock noon.
on that day. the property. premises, rights.
Interests and franchises directed by said
judgment TO be sold and therein describet.
TO which judgment, now on file in the orncs
OF the Clerk OF the County of New York.
reference is hereby made for more particu-
lar description. In accordance with the pro,
visions Of said judgment, brief general
description Of the property TO 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
Its appurtenances, bounded on the north by
sIth Street. on the south by 96th Street, on
the east by First Avenue, and on the west
by Second Avenue. subject to the terms ana
provisions Of 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 by
said New York Harlem Railroad Company
OF portion of the car house upon said trace
or land. a copy of which agreement is an
nexed TO the petition OF Charics +. Chalmers.
verified April 20, 1921. Schedule \, re-
cited In and filed w!th an order of this Conr,
In this action. entered in the office OF tho
Clerk OF the County of New York on the iith
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
equipment. contracts, and contract rights.
and other property, Of every nature and de-
scriPtion cr5 whatsoever Comprising the g rsil-
road Company and operated by It's Recelver.
subject TO an agreement dated April l6, 1921.
covering tracknge rights. &C.. more particu-
larly mentioned and referred 10 in an order
OF this Court entered May II. 1921. in this
action.
Including approximately o2955 miles OF
single track and substructures in the City
OF New York along the routes described In
the franchises OF said Railroad Company.
approximately 1000 900 duct feet of under
ground conduits along said routes. 4l2 man
holes and handholes along said track 240. 900
feet OF cable: switches and cross-overs To-
Gated at the various places mentioned In
said judgment; franchises. grants and or
ders, the property Of said Railroad Company
pursuant to which Il Is being operated:
rights In and 10 contracts with other rail-
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 It's
Receiver, including rights to all unex-
pended balances OF the proceedy OF Insurance.
upon rolling stock or other personal property.
unexpended balances OF any special funds or
reserves IN the hands of the Receiver at tho
time or the sale. except such cash IN hand.
chooses In action, BOOKS, records, vouchers
and other documents as may be necessary
to enable the Receiver 10 prepare his ac-
counts and perform mis- duties as such
fs To he. xtAlI
by intending bidders subject TO regulations
tto be prescribed by the Receiver, 10 whom
application for leave inspect should be
made
An inventory Of articles OF personal prop.
erty TO be sold in excess Of the value OF
500 is on file in the office Of the County
Clerl OF New York County
as follows.
eording 10 The provisions OF said Judgment
above mentioned and subject to confirmation
by said Court and to satisfy the amounts
due and 70 become due In said judgment
provided for principal and interest and the
several sums therein allowed to be paid. or
50 much thereof as said property viii bring
upon such sale.
Unless the Court shall otherwise direct az
In said Judgment provided. no bids will be
received from any bidder who shall not first
deposit with the undersigned as Referee, One
hundred thousand dollars, either n cash q
check certified by a national or State bank
or trust company situated In the City OF New
York, Receivers certificates In the prin-
cipal amount Of said sum. which. unless in
negotiable form and payable to bearer, shall
be duly endorsed and assigned In blank. The
cash, checks or securities deposited by any
unsuccessful bidder viii be returned ut the
conclusion OF the sale. The cash. checks OF
securities deposited by any bidder who shall
not make good his bid shall be forfeited as
N said judgment provided. In event any sue
cessful bidder shall fail to make good hi,
hid, the Court may direct resale OF tho
properly and the bidder shall be liable for ali
expenses thereof and any deficiency OF price
realized thereon. Any party 10 this action
may purchase at the sale and any purchaser
may safety tho balance Of his bid abova
the sum required TO be paid In cash. IN
whole n part By delivering TO tho under
| signed az Referee. receivers Certificates of
indebtedness IN the manner and 10 the *.
tent as in said Judgment provided.
4 Upon the confirmation Of said sale tho ~
derslgned as Referee. Joined by tho Recelyer
\ Of said Railroad Company, X to make sNs.
cute and deliver proper ins,rumentr of Coz.
4 veyance, assignment and ,ranrfer 81 eaid
\ properties 10 the purchaser or purchassrs
\ freed from all Hens except taxes no, sps,
\ officially directed ia be paid hy the Referee
all as provided n said Judgment H. ,vhIoh
4 reference is hereby made for greater partic.
\ ularity
Dated. New York. August /. 1921.
4 JOHN G. CLARK,
1 49, 49, Referee.
property TO be sold: