The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-09-28
LEGAL NOTICE.
Notice OF Sale
marlborough Rapid Transit Company
STOCK

NOTICE is HEREBY GIVEN that.
pursuant to the terms, provisions and powcIs
contained in certain Trust Agreement dates
the NTH day OF March, 1906, made by
marlborough Metropolitan Company 10 Wino.
sor Trust Company 70 secure an issue OF
the Collateral Trust -Four and A Halt Fer
Cent Gold Bonds OF said Interborough- Metro
politan Company Tor principal amount not
10 exceed the sum OF seventy million dollars
tNo,Oo0,00Ol, and pursuant also 70 decree
Of the United States District Court Tor ire
third day OF July, 1922, and duly entered IN
the ONCE OF the Clerk Of said Court on the
fifth day Of July, 1922. In the Matter OF
marlborough Consolidated Corporation, Bank
rupt, successor TO said marlborough Metro
politan Company. In Bankruptcy No 2oo90;
ard the order amendatory thereof dated and
undersigned EMPIRE TRUST COMPANY.
as successor Trustee under said Trust Agree
ment dated the fifth day OF March, 1905,
will. through James X. Sheffield. Trustees
Corporation, appointed Special Master for
that purpose in and by said decree and
therernto authorized BY said Empire Trust
Company, offer Tor sale at public auction
eleven O'Clock in the forenoon at Room tot
in the Post Office Building in New York
County. at the intersection Of Broadway and
Barclay Street, New York, in the Borough
OF Manhattan. City aof New York. all and
singular the collateral pledged and deposited
under said Trust Agreement. to wit, three
dred and twenty-eight t339l2s) shares Of
the par value OF one hundred dollars (sl00)
per share. OF the capital stock OF Inter-
borough Rapid Transit Company; corpora
ton organized and existing under and BY
virtue Of the laws OF the State OF New York.
Pursuant 70 said decree OF July 3. 1922,
James r.. Sheffield as Trustee in Bankruptcy
OF said marlborough Consolidated Corpora
ton, will join in said sale and in any and all
appropriate transfers. couveyances or assign
rents OF said security made pursuant TO such
sale. Said sale viii be subject to the approval
OF the United States District Court Tor the
Southern District OF New York, and will be
subject to all the other terms and conditions
contained in the decree OF said court dated
20. and on fle in the Office Of the Clerk Of
said coura and to the terms and conditions
o. said Trust Agreement dated the fifth day
OF March, 1906. a copy OF which has. for
the information OF intending purchasers, been
deposited with the clerk Of said court.
Said shares Of stock will be sold as an
and clear Of all liens, equities and encum-
brsnces OF in favor OF Windsor Trust
Company as Trustee, Empire Trust Conn
pany as Successor Trustee under said Trust
Agreement dated March s, 1906. and all other
liens or encumbrnnces OF whatsoever nature.
Of all rights and equities OF the Bankruptcy
Trustee, Interboroueh Consolidated Corpora
ton. Bankrupt, and creditors and stockhoid-
ers Of the bankrupt and other persons claiming
BY. through under the bankrupt
Said shares OF stock are TO be sold 20
sdusiy lien Tor principal ana interest
amounting 70 seventy-fve million, one hun.
dred and seventy thousand. seven hundred
and ffty.sevcn dollars and eghty-two cents
t&5.f70,757.S2) with interest thereon at ths
rate Of Jour and a half (4I$) per cent from
the third day OF July. 1929. together with
the costs and expenses Of the sale and the
advances, ices, charges. expenses and counsel
ices OF the Trustee under said Trust Agree
ment as the same may be determined fixed
and allowed by the court
No bid Tor said stock will be considered
unless i be accompanied by certified check
for htty thousand dollars (ssoo o0) payabls
70 the order OF Empire Trust Company issued
on bank or trust company located in tho
Iity q New York having capital, surplu,
and undivided profits oi at least FIVE hundred
thousand dollars $500 .000)
The purchaser al the sale wil be required
g pay or to undertake TO pay in cash such
as may be fixed BY the court az tho
expenses OF the sale and the costs. charges.
advances, expenditures compensation and
counsel fees Of Empire Trust Company a.
trustee and such other charges AGAINST the
proceeds OF sale as may hereafter be ordered
anc directed by the court: and the purchaser
may turn in and apply towards the payment
o. 50 much Of the purchase price as may not
he as above or by order or the court here
alter made required to be paid in cash. any
Z bonds issued and outstanding under said
ifust Agreement and any matured and un-
paid interest coupons to the amount that
such bonds or coupons respectively or claims
Tor principal or interest would be entitled TO
receive or SOLICIT upon a ratablc distribution
among the holders thereof ~ the net pro-
ceeds OF SALE but such bonds. coupons and
interest claims so applied shall be deemed to
he paid only 70 the extent so applied all as
more particularly provided in said Trust
Agreement and said decree
At the conclusion OF the bidding al said
sale. the successful bidder will be REQUIRED TO
sign memorandum OF the terms OF sale
Two days after the conclusion Of the bid
ding at two o'clock in the afternoon the
Trustee IN bankruptcy and the Empire Trust
company will report the result 81 said sale 10
the court al said Court Room 4Oi Post Office
Building. Borough OF Manhattan City 81
New York. Tor such orders. judgments Or
DEGREES as may BY the court be deemed proper
o. advisable. No further notice Of such report
OF q the hearing thereon will be given 10
zny party.
The sale may from time "a time. by an.
nouncement al the time and place fixed there
Tor, be adjourned. as provided in said decree
o. July >, 1922. No further or other notice
Of any adjournment need be given, and with
out any further notice said sale may he made
st the time TO which the same shall Sc so
Dated New York September II. io7,.
EMPIRE TRUST COMPANY
as successor Trustee under said
rust Agreement dated March s,
1906.
Approved:
JAMES X. SHEFFIELD
trustee N Bankruptcy OF Inter.
borough Consolidated Corporation.
James r Sheffield AZ True,,- =, p-,t..