The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-06-16
UNITED STATES DISTRICT COURT
Southern District of New York
IN THE MATTER

UNITED STATES DISTRICT COURT
Southern District of New York
in THE MATTER
ERNEST il. CLARKE
doing business as
f. II. CLARKE & CO..
Alleged Bankrupt
In Bankruptcy
No. 3l7l0
An order having been granted herein
ON the 9th day of April. 1922. requir-
ing the creditors of the above-named
bankrupt and all other persons, firms
and corporations. claiming bonds, stocks.
securities. cash on deposit or other
assets, or the proceeds thereof. in the
custody or under the ntrol of the Re
ceiver herein, to file their claims to or
for said bonds. stocks. securities, cash
on deposit and other assets or the
proceeds thereof.
Now on reading and filing the said
order to show cause dated April 18th,
1922. the petition of DAVID HUNTER
MILLER. the Receiver herein. verified
the 18th day of April, 1922, and upon
all the papers and proceedings had and
taken herein, and on due proof of the
service of said order to show cause
On motion of FRANCIS l.. KOHL
man, Carl j. Austrian. attorneys for
the Receiver herein. it is
Ordered. that all the creditors of the
above-named bankrupt. and all persons.
firms and corporations. claiming bonds.
stocks. securities. cash on deposit or
other assets. or the proceeds thereof. in
the possession. custody or under the
control of the Receiver herein, be and
they hereby are directed to file their
claims thereto or therefor. in the office
of the Clerk OF this Court on or be-
fore the 10Th day of June, 1922 and it
is further
Ordered. that any and all creditors
gl..... 1
curities, cash on deposit, or other as
sets, or the proceeds thereof, who shall
not file such claims to or for the said
bonds. stocks, securities. cash on de-
post or other assets. or the proceeds
thereof. thereby asserting their right
title and interest therein and thereto
on or before the aforementioned time, be
and they hereby are forever barred from
making or asserting any right, title and
interest in or to the said bonds, stocks
securities. cash on deposit or other as
sets, or the proceeds thereof. now in the
possession, custody under the control
OF the Receiver herein, and the said
creditors and claimants are. in default
thereof. hereby forever enjOined and
restrained from making. claiming or
asserting any such right. title and in
terest therein and thereto; and it is
further
6 Ordered, that all creditors or claimants
who have heretofore instituted reclaim
alton proceedings herein, be and the
same hereby are directed to intervene
herein. and that the petitions or aft
davits in said reclamation proceedings
be deemed and considered as answers to
the petition herein and the order to
show cause herein: all evidence taken
and proceedings had heretofore in such
reclamation proceedings shall be adj
mitted and used after such nterven-
ton as though taken herein and it is
further
Ordered. that the determination of all
I rights. titles and interests if any in
and to any or all of the said bonds, 1
stocks. securities, cash on deposit, or
other assets, the proceeds |
thereof; may, as aforesaid, be
ferred to Seaman Miller. who is here
by appointed Special Master for that
purpose to hear and determine the /
rights of such creditors and claimants. /
including the Receiver and the Trustee |
in bankruptcy herein and the Special
Master is directed to adjust. determine
and adjudicate the rights. titles, inter-
ests, equities. claims ard liens therein
and thereto, and report to this Court /
his determination therein; and it is
further
3 Ordered. that service of this order be
made by mailingb a copy OF said order
to each of the creditors whose names
appear upon the books of the bankrupt |
herein. and to other persons interested
herein who shall have filed notices of
appearance herein, at their addresses
appearing upon the hooks of the above
named bankrupt. on or before May 27.
1922, and by publishing a copy of this
order in the n. Y. Times. Denver Post.
Chicago Tribune, Detroit News. Cleve-
land Press, Toronto Globe. Mon
real Star. Hartford Times Bur
lington Free Press and St. Johnsbury
Vermont Caledonian. once a week for
two successive weeks the last publica-
ton to be not later than June 18th.
1922. which shall he and is hereby de-
cared to be sufficient notice hereof.
Dated. New York. May 23rd. 1929.
J. w MACK.
u. S. c. ].
DAVID HUNTER MILLER. Receiver
II broadway, II
New York City.
FRANCIS L. HOFFMAN.
JARL J. AUSTRIAN.
q Attorneys for Receiver.
z Cedar Street.