The New York herald., 1921-08-26
LEGAL NOTICES.

SUPREME COURT Oh NEW YORK, NEW
ALBERT A. JACKSON, GEORGE Z. BAR
STOW JR.. HERMAN ID. KOUNTZE and
JOHN f. B. MITCHELL, Plaintiffs, against
IN THE CITY or NEW YORK. and others.
Defendants County Clerks Index No. 3-36-'
1919
Notice is hereby given that pursuant to a
Judgment OF foreclosure and sale duly made
and entered in the aboye-enttled action ana
bearing date the 29th day OF June, l92l, 1
the Undersigned, the Referee In said JUG
ment named. will sell at public auction, al
the Exchange Sales Room, No. IA Vesey
STREE IN the Borough Of Manhattani Nam ,h c,y. Y;
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 offics
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:
(@ All that lot. plot and parcel Of land In
the Borough of Manhattan. City OF New
York. with the building thereon situate, and
its appurtennnces, bounded the north by
9th Street on the south by 06th Street, on
the east by First Avenue. and on the west
hy Second Avenue subject TO the terms ana
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 G. Harlem
Railroad Company, relating TO the use By
said New York & Harlem Railroad Company
OF portion OF tho car house upon said trac.
or land. copy Of which agreement Is an
hexed TO the petition OF Charles Il. Chalmers,
verified April 20. 1921. as Schedule A, re-
cited ~ and filed with an order Of this Court
in this action. entered in the office OF ths
Clerk Of the county of New York on the 1lth
day OF May. 1921.
90 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,
and other property. OF every nature and de-
serlption scr whatsoever; comprising the rail
road Company and operated by It's Receiver.
subject TO an agreement dated April 16. 1921.
covering trackage rights, &C.. more partlcu-
larry mentioned and referred to in an order
action.
single track and suDstructures In the City
OF New York along the routes described In
the franchises OF said Railroad Company,
approximately 100000 duct feet OF under-
ground conduits along said routes: 4i2 man
holes and handholes along said track: 240, 900
feet or cable; switches and cross-overs To-
Gated at the various places mentioned In
said judgment: franchises, grants and or
ders. tho property OF said Railroad Company
pursuant to which It Is being operated
rights In and to contracts with other rail-
roads and receivers OF other railroads for
joint use OF tracks, exchange of facilities,
&C.. gil the rolling stock OF every kind, tools,
machinery, engines and equipment IN the
possession or the Receiver at tho time of
sale; all properly Of every nature and de-
scription belonging TO said railroad, or its
Receiver. including rights to all unex-
pended balances Of the proceeds OF insurance
upon rolling stock or other personal property
unexpended balances OF any special funds or
reserves IN the hands OF the Receiver at the
time OF 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 his duties as such.
aarf.F 60 - .lfJ l.
by intending bidders subject 10 regulations
to be prescribed by the Receiver. TO whom
application for leave to inspect should be
made.
An inventory Of articles Of personal prop.
erty 70 be sold in excess OF the value OF
500 Is on file in the office OF the County
Clerk OF New York County.
Tho terms and conditions OF the sale are
a. follows.
Said sale 10 bo 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
50 mucn thereof as said property viii bring
upon such sale.
Unless tho 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 an Referee One
hundred thousand dollars, either n cash or a
check certified by national or Stae bank
or trust company situated In the City OF New
lork, OF Rcceiver'a certificates Ia the prin-
cipal amount OF eaid sum, which unless II
negotiable form agd payable to bearer shsl
be duly endorsed and assigifed 81 blank The
chsh, checks or securities deposited by ony
unaueceesful bidder win bo returned AZ ma
conclusion of the aale. The each checltr ~
securities depoTited by any bidder Who shal
not make good his bid. shall be forfeited ~
" eatd Judgment provided In event any ana.
ccssiu bidder shall fail TO make cool hfs
Did, the Court may direct n reraie ~ fhs
properly and the bidder ahail be Itabla Tar at
expenses thereof and any deficiency az nrica
realized thereon. Any party 10 this aStinn
may purcha-e at the sale and any purchasar
may satisfy the balance OF bIa bid abn,,s
the sum required to be paid In "a ~ IL
whole or II part by delivering 10 ,he nnsor
rikned a. Referee, receivers cerfifieatos ~
indebtedness n the manner ana nj the 49,
tent az IN said Judgment provided
Upon the confirmation of snld saie ~. -
dersigned ~ Referee, Joined by tho Recat.n-
or said Railroad Company, Is 10 naise 49,
cute and deliver proper Instruments =; cn,,-
veyarce, assignment and transfer ~ so1d
properties 70 the purchaser or purrta .a.,
freed from ell liens except taxes nn, 49,, &,
officially directed 60 be paid by The Refarca
all as provided IN Bnid Judgment ~ ,yt,nt
reference is hereby made for greater partsr.
ulariiy.
Dated, New York. August /. 1921.
JOHN g. CLARK,
Tho following Is a diagram OF me rcaI
property 10 be sold 80
~. p7th ST.
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