The New York herald., 1922-10-05
LEGAL NOTICE.
LEGAL NOTICE.
Notice Of Sale
Inierborough Rapid Transit Company
STOCK

NOTICE IS HEREBY GIVEN that.
pursuant to the terms. provisions and powers
contained in certain Trust Agreement dated
the nth day OF March 1906. made BY
Interborough Metropolitan Company 70 Wind.
Sor Trust Company 10 secure an issue OF
the Collateral Trust -Four and Halt Per
Cent Gold Bonds OF said marlborough Metro
politan Company for principal amount not
TO exceed the OF seventy million dollars
(&70,O0o 0oO, and pursuant also 10 decree
OF the United States District Court for the
third day OF July, 1922 and duly entered iu/
the Office OF the Clerk Of said Court the
fifth day OF July, 1922, In the Matter OF
Interborough Consolidated Corporation, Bank
rupt, successor to said Interborough- Metro
poltan Company, In Bankruptcy No 2669a-
and the order amendatory thereof dated sra
entered the 2sth a, ,yy. ,dayy. Of August, is52, sh-
as successor Trustee under said Trust Asyee-
ment dated the fifth day OF March. 1905.
viii. through James R. Sheffield. Trustss
Corporation, appointed Special Master ior
that purpose in and by said decree aud
.hereunto authorized by said Empire Trust
Company, offer for sale al public auction
eleven O'Clock in the forenoon at Room 4n1
in the Post Office Building in New York
County. at the intersection Of Broadway and
OF Manhattan, City OF New York. all and
singular the collateral pledged and deposited
under said Trust Agreement. to wit, three
hInuIeQ ana thlfty-Ilifc thousand, one nun
dred and twenty eight (j3s.i28) shares Of
the par value OF one hundred dollars (Sieo)
per share. OF the capital stock OF Inter-
borough Rapid Transit Company, corpora
tion organized and existing under and by
virtue OF the laws OF the State OF New York.
Pursuant TO said decree OF July g. 1922.
James r.. Sheffield. as Trustee in Bankruptcy
OF said Marlborough Consolidated Corpora
tion, will join in said sale and in any aud ali
appropriate transfers. conveyances or asssfi-
ments OF said security made pursuant to such
Of the United States District Court Tor ths
Southern District OF New York and will be
subject TO all the other terms and conditions
contained in the decree OF said court dated
the third day of July, 1922. above referred
70. and on hle in the office OF the Clerk Of
said court and 10 the terms and conditions
o. said Trust Agreement dated the fifth day
OF March, 1906, a copy OF which has. Tor
the information of intending purchasers been
deposited with the clerk OF said court
Said shares Of stock viii be sold as an
and clear of all liens. equities and encuIn-
branceS OF or in favor Of Windsor Trust
company as Trustee Empire Trust Com
pany as Successor Trustee under said Trust
Agreement dated March 5, 1905. and all other
liens or encumbrances OF whatsoever nature,
O. all rights and equities OF the bankruptcy
Trustee, lnterhorouSh Consolidated Corpora.
tiSn, Bankrupt, and creditors and stockhold.
ers OF the bankrupt and other persons claiming
by, through or under the bankrupt
Sad shares OF stock are to be sold 70
edHsig lcn LOT principal and interest
amounting to seventy.hve million. one hun.
ored ana seventy thousand, seven hundred
and hity.seyen dollars and eighty-two cents
tsI5I7o,757.82) with interest thereon at tho
the third day OF July, 1922. together with
the costs and expenses OF the sale and the
savanees, 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, for said stock will be considered
unless It be accompanied by a certified check
for fifty thousand dollars ,sso.oOO) payabls
10 the order OF Empire Trust Company issued
on bank or trust company located in tho
City OF New York haviag a capital, surplu,
thousand dollars (S50e 00O)
The purchaser at the sale viii be required
70 pay or to undertake to pay in cash such
sums IS may be fixed by the court as the
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
1i so much OF the purchase price may not
alter made required to be paid in cash anv
bonds issued and outstanding under said
trust Agreement and any matuTed aud un-
paid interest coupons 10 the amount that
such bonds or coupons respectively or claims
Tor principal or interest would be entitled 10
receive or collect upon a ratahle distribution
~iliuhS tnc holders thereof OF the net pro-
eeeds OF SALE but such bonds coupons and
interest claims so applied shall be deemed to
be paid only TO the extent so applied, all az
more particularly provided in said Trust
Agreement and said decree
~ the conclusion OF the bidding az 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 of said sale 20
the court at said Court Room 40i, Post Ohice
nuidng Borough OF Manhattan, City OF
New York. for such orders judgments or
DEGREES as may by the court he deemed proper
or advisable No further notice OF such report
or OF the hearing thereon will be given 20
any party.
The sale may from time 10 time bv an.
nouneement at the time and place fixed there.
iof, he adjourned, as provided in said decree
o. July 8, 1922, No further or other notice
oi any adjournment need he given, and with.
out any further notice said sale may be made
at the time to which the same shall "a 50
adjourned
DATED, New York September H. 1922
EMPIRE TRUST COMPANY
IS successor Trustee under said
Trust Agreement dated March s,
1900.
Approved;
JAMES X. SHEFFIEI