The New York herald., 1921-08-19
LEGAL NOTICES.

SUPREME COURT OF NEW YORK. NEW
YORK COUNTY.-GEoRGE y. WARREN,
STOW. JR.. HERMAN D. KoUNTzE and
JOHN +. b. MITCHELL, Plaintiffs, against
SECOND AVENUE RAILROAD COMPANY
IN THE CITY OF NEW YORK. and others.
Defendants. County Clerks Index No o-30S-
1919.
Notice is hereby given that pursuant to a
and entered in the above-entitled action and
bearing date the Goth day of June. 1871, l,
the Undersigned. the Referee IN said 1uds.
ment named, will sell at public auction, al
the Exchange Sales Room. No. IA Vesey
Street. In the Borough of Manhattan, CITY.
County and state OF New York. on the Isl
day of September. 1921, at IL O'Clock noon.
on that day, the property, premises, rights.
interests and franchises directed by said
Judgment to be sold and therein described.
to which judgment, now on file IN the office
of tho 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 - as
follows:
% 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 OH the north by
9th Street. on the south by 98th Street, on
the cast by First Avenue. and on the west
by Second Avenue subject to the terms and
provisions OF an agreement dated April 16.
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. a copy of which agreement Is
nexed to the petition Of Charles L; Chalmers.
verified April 20. 1921. Schedule A. re-
cited in and filed with an order Of this Court
in this action. entered In the office of the
Clerk OF the County of New York on the llth
90 All the right. title and interest OF the
Second Avenue Railroad Company in the City
oil New York. and OF the Receiver in this
N 0nd he tl.,e.. s1..4,. a
tracks. railroad routes. and franchises.
equipment, contracts. and contract rights.
ana other property. OF every nature and de-
scription Whatsoever. comprising the rail-
road system owned by the defendant RAIL
road Company and operated by its Receiver,
subject to an agreement dated April 1G. 1921.
covering trackage rights. &C., more particu-
larry mentioned and referred to In an order
OF this Court entered May II. 1921. in this
action.
Including approximately o2.955 miles OF
single track and substructures In the City
oi New York along the routes described in
the franchises OF said Railroad Company.
approximately 2.000. 900 duct feet OF under
ground conduits along said routes; 412 man
hoies and handholes along said track 2iO 600
Ieet OF cable; switches and cross-overs 10
Gated at the various places mentioned in
said Judgment franchises. grants and or
ders, the property OF said Railroad Company
pursuant to which 1t 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-t al lne fDliinK 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 belong gng to said railroad or itg
Receiver, including rights TO all unex.
pended balances OF the proceeds OF insurance
upon rolling stock or other personal property,
reserves In the hands of the Receiver at tho
time of the SALE except such cash In hand
choscs In action. books, records. vouchers
and other documents ms may be necessa ry
to enable the Receiver to prepare his ac-
counts and perform mis- uuties 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.
erty to be sold In excess Of tho value OF
500 Is on file IN tho office OF tho County
Clerk OF New York County
inc terms and conditions OF the sale are
as follows.
Said sale to be conducted and made &c.
cordlng TO the provisions OF said judgment
above mentioned and subject to confirmation
by said Court, and to satisfy the amounts
due and TO become due as In said Judgment
provided for principal and Interest and the
several sums therein allowed to be paid or
upon such sale
Unless the Court shall otherwise direct as
IN said judgment provided no bids win be
received from any bidder who shall not first
deposit with the undersigned as Referee One
hundred Thousand dollars. either IN cash or a
OF trust company situated In the City OF New
YORK, or Receivers certificates in the prln-
cipal amount of said sum. whioA,, unless IN
negotlaole form and payable to b~lrc- shall
pe uuly endorsed and assigned Ia b'n,.,: The
chsl, cnecks or securities depofssrd ~ any
unsuccessful bidder win be returned AZ the
concluslon or the sale. The cash, checks or
securities deposited by any bidder who shall
not make good his bid, shall be forfeited M
~ sald Judgment provided. In event .ny suc-
cessiul bidder shall fail TO make good his
plu. tne Court may direct a resale OF ihe
properly ana the bidder shall bo liable FOR ali
expenses thereof and any deflciencv ~ nriea
realized thereon Any party 10 thls artiop
Inhy purchase at the sale and any purchaser
nsy sausty the balance OF his bid abnva
tne sum required to be paid in 90 III ~
whole or N part by delivering Ia ,bo ,,,,,n :,
signed a. Referee. receivers ccr,ifica,a. =,
inueptedness ~ the manner and Ia go 80
tent as IN said Judgment provided -
Upon the confirmation of said sai, -. ~
dersigned as Referee, Joined by fLa r" ~ , vi
OF @aid Railroad Company IN 10 ,,at LIVER ~
'fe and deliver proper Inst rumonts ~ ces
". "Nn., assignment and transfer ~ aus
properties 70 the purchaser or ni,rcb :, s", '.a
freed from all Hens except taxes nn" s' 49,
officially directed to be paid by the pefarsoa
all as provided IN said judgment to ,,,htn,
reference = hereby made for greater nm rtlc.
ulnrlty. f"tuc-
Dated. New York. August I. 1921
JOHN g. CLARK
The following Il a diagram OF the w. ~,
property TO be sold go
II o-tb 81