The New York Times/1918/11/11/Legal Notices
LEGAL NOTICES.
NOTICE OF INTENTION TO FORM AN INSURANCE CORPORATION:
WE, THE UNDERSIGNED, GIVE NOTICE of our intention to form an insurance corporation to transact all classes of business authorized by Section 110 of the Insurance Law of the State of New York, being Section 110 of Article 3 of Chapter 23 of the Laws of 1909, entitled "An Act in Relation to Insurance Corporations constituting Chapter 28 of the Consolidated Laws of New York," and all acts amendatory thereof and supplemental thereto, including in its charter a provision to assume any of the risks of ocean marine insurance as specified in Section 150, Article 4, Chapter 83 of said Insurance Law. The name of the corporation is to be BANKERS AND MERCHANTS INSURANCE COMPANY OF NEW YORK, and the purposes for which said corporation is to be formed are making of insurance against loss or damage, including loss of use or occupancy, by fire, lightning, wind-storm, tornado, cyclone, earthquake, hail, frost or snow, bombardment, invasion, insurrection, riot, civil war or commotion, military or usurped power, and by explosion, whether fire ensues or not (except explosion on risks specified in Subdivision 7 of Section 70 of Article 2 of said Insurance Law), as well as all other kinds and classes of insurance specified in Section 110 of said Insurance Law, also the making of every form of insurance appertaining to or connected with marine risks and the risks of transportation and navigation, including insurance on automobiles as provided in Sections 110 and 150 or otherwise of Chapter 33 of said Insurance Law, and the acts amendatory thereof and supplemental thereto, and to effect reinsurance of all or any part of the risks taken by it. The principal office of said corporation is to be located in the City of New York, State of New York.
Dated New York, November 9th, 1918.
CHELLIS A. AUSTIN, JAMES BARBER, E. J. BARBER, HOWARD BATNE, OSWALD KIRKBY, WM. C. LAND, W. A. PRIME, SEWARD PROSSER, CHARLES H. SABIN, OAKLEY WOOD, EUGENE V. R. THAYER, ROBERT VAN IDERSTINE, WILLIAM G. WILLCOX, WENDELL P. BARKER, HERMAN GOLDMAN.
UNITED STATES DISTRICT COURT, Southern District of New York.
Notice is given that Ocean Steamship Company of Savannah, as owner of the steamship City of Athens, and William G. McAdee, as Director General of Railroads, have filed their petition for limitation of liability for loss, damage, injury or destruction from collision between French Cruiser "LA GLORIE" and said vessel on May 1, 1918. Value of said vessel and freight fixed at $1,000. All persons claiming damages because of such loss, damage, injury or destruction must prove their claims before Herbert Green, Esq., Commissioner, at No. 1 Broadway, Borough of Manhattan, City, County and State of New York, on or before the 3d day of February, 1919, or be defaulted.
Dated, October 25, 1918.
THOMAS D. McCARTHY, U.S. Marshal.
LEGAL NOTICES.
THE CINCINNATI, FINDLAY AND FORT WAYNE RAILWAY COMPANY.
Notice of Sale.
Notice is hereby given that pursuant to final decrees in favor of The New York Trust Company and Elias J. Jacoby, plaintiffs, made and entered in the District Court of the United States for the Southern District of Ohio, Western Division, on October 8, 1918, in the District Court of the United States for the Northern District of Ohio, Western Division, on October 14, 1918, and in the District Court of the United States for the District of Indiana, on October 14, 1918, in certain causes pending in said respective Courts, in each of which The New York Trust Company and Elias J. Jacoby are plaintiffs and The Cincinnati, Findlay and Fort Wayne Railway Company, The Cincinnati, Hamilton & Dayton Railway Company, Bankers Trust Company, and Central Trust Company of New York are defendants; (the causes pending the District Court of the United States for the Northern District of Ohio, Western Division and in the District Court of the United States for the District of Indiana, being ancillary to the cause pending in the District Court of the United States for the Southern District of Ohio, Western Division), I, Frank H. Shaffer, the undersigned Special Master, referred to in said final decrees, will offer for sale at public auction to the highest bidder at the shops of The Cincinnati, Findlay and Fort Wayne Railway Company located on its main line and lying west of the corporate limits of the City of Findlay in the State of Ohio, upon the premises owned by The Cincinnati, Findlay and Fort Wayne Railway Company, and upon the property to be sold, on November 18, 1918, at ten o'clock in the forenoon, the property in said final decrees described and therein directed to be sold.
A brief description of the property to be sold at said sale is as follows:
I.
All and singular the railroad or railway of the defendant, The Cincinnati, Findlay and Fort Worth Railway Company (formerly of the Findlay, Fort Wayne and Western Railway) more particularly described as follows:
Commencing at a point at the junction of the said Findlay, Fort Wayne and Western Railway, formerly so known, as aforesaid, with the Findlay Branch of the Cleveland, Cincinnati, Chicago and St. Louis Railway, in Section 28, Marion Township, Hancock County, Ohio, thence in a westerly direction through the southern part of the City of Findlay, Hancock County, Ohio, crossing Main Street, in said city, at the junction of Main and Sixth Streets and the Lake Erie and Western Railroad in West Park Addition of said City of Findlay, near the junction of Carlin and LaGrange Streets; then in a due west direction through the Townships of Liberty and Blanchard, Hancock County, through the Townships of Ottawa, Greensburg, and Perry, Putnam County, Ohio, crossing the Detroit Souther, Railway in the eastern part of the City of Ottawa, and the Dayton and Michigan Railroad in the said City of Ottawa, near the central part thereof, near the junction of Fourth and Railroad Avenue in said City, crossing the Blanchard River in the western part of said City of Ottawa; and thence continuing in a westerly direction and crossing the main line of the Toledo, St. Louis and Western Railroad at Cloverdale, in the Township of Perry, Putnam County, Ohio, and thence in a westerly direction through the Townships of Washington, Latty, Blue Creek and Benton, in the County of Paulding, Ohio, crossing the main line of the Cincinnati Northern Railway at Haviland, Ohio, and thence in a due west direction through the Townships of Jackson, Adams and Wayne, Allen County, Indiana, to a connection with the Wabash Railroad ,and the Pittsburg, Fort Wayne and Chicago Railroad in the eastern part of the City of Fort Wayne near the crossing of said railways of the township line between Wayne and Adams Townships, Allen County, Indiana, making a total distance of 80.07 miles, including between said termini aforesaid all the station grounds, shops, grounds, right-of-way, gravel pits and other lands and property now used for the operation of said railway or which may have been acquired therefor by said The Cincinnati, Findlay and Fort Wayne Railway Company; together with all and singular the telegraph and telephone lines formerly belonging to said Findlay, Fort Wayne and Western Railway Compnay constructed upon said line of railroad, or which may have been acquired or constructed by said The Cincinnati, Findlay and Fort Wayne Railway Company; and all the lands, tracks, lines, rails, bridges, ways, buildings, piers, structures, erections, fences, fixtures, franchises, privileged and rights, with all locomotives, engines, tenders, cars, carriages, tools, machinery, manufactured and unmanufactured materials, coal, wood, and supplies of every kind and description, belonging to or appertaining to said lines; together with all choses in action, contracts and agreements appurtenant to said railroad or held by said The Cincinnati, Findlay and Fort Wayne Railway Company, togehter with any and all property of any of the descriptions aforesaid that may have been acquired by said The Cincinnati, Findlay and Fort Wayne Railway Company, for use in connection with said railroad, with all the tolls, rents, issues, incomes and profits of the said property, together with any extensions or new mileage of said railroads built or acquired and made subject to the First Mortgage of said The Cincinnati, Findlay and Fort Wayne Railway Company to Continental Trust Company or the City of New York and Elias J. Jacoby as Trustees dated November 1, 1903, and the supplements thereto.
II.
All that line of railway of said The Cincinnati, Findlay and Fort Wayne Railway Company (formerly belonging to the Delphos and Northern Railroad Company,) extending from a point of connection with the railway of The Cincinnati, Hamilton & Dayton Railway Company, in the City of Delphos, Allen County, Ohio, thence in a northerly direction through the Counties of Allen and Putnam to a connection with the main line of the railway of The Cincinnati, Findlay and Fort Wayne Railway Company, at a point in Putnam County, Ohio, about one and one-half miles east of Mandale station, including between said termini aforesaid all the stations, lands, shops, grounds, right-of-way, gravel pits and other lands and property now used for the construction, maintenance and operation of said railway, or which may have been acquired by said The Cincinnati, Findlay and Fort Wayne Railway Company, together with all the lands, tracks, lines, rails, bridges, ways, buildings, piers, structures, erections, fences, fixtures, franchises, privileges, and rights with all locomotives, engines, tenders, cars, sheds, tools, machinery, manufactured and unmanufactured materials, coal, wood and supplies of every kind and description belonging to or appurtenant to said line of railway, together with all choses in action, contracts and agreements appertaining to said railway, or held by The Cincinnati, Findlay and Fort Wayne Railway Company, together with any and all property of any of the descriptions aforesaid that may have been acquired by The Cincinnati, Findlay and Fort Wayne Railway Company for use in any connection with the said railway, with all the tolls, incomes, rents, issues, and profits of said property, together with any extensions or new mileage of said railroad which may have been built or acquired and made subject to the aforesaid First Mortgage.
III.
All the right, title and interest of the defendant The Cincinnati, Findlay and Fort Wayne Railway Company in and to the following described property, viz.: All the certain lot, piece or parcel of land situated in the County of Hancock, State of Ohio, described as follows, namely: 50 ft. wide Off Pt. of W. 1⁄2 N. E. 1⁄4 Sec. 28, Twp. 1 N. Range 9 E. Hancock County, Ohio, being the same property granted and conveyed by J. Williamson and others to The Cincinnati, Findlay and Fort Wayne Railway Company by deed bearing date May 21, 1904, and recorded in Book 188, Page 33 in the Records of the County of Hancock, in the State of Ohio.
IV.
Excepting from the foregoing parcels (I), (II) and (III) the following described property:
(a) All of the property of The Cincinnati, Findlay and Fort Wayne Railway Company lying West of the main track of The Toledo & Ohio Central Railway Company, which is located in Bank Street, and East of the point 150 feet east from Western Avenue, all in the City of Findlay, Ohio, including the right-of-way, station grounds, and all tracks and buildings located thereon, being approximately 4,700 lineal feet measured along the old main track and including 7,900 lineal feet of all tracks, being the same premises heretofore authorized by the District Court of the United States for the Southern District of Ohio, Western Division, on October 8, 1918, to be sold and conveyed by John B. Carothers as Receiver of The Cincinnati, Findlay and Fort Wayne Railway Company to the Toledo & Ohio Central Railway Company free and clear of the lien of the First Mortgage of The Cincinnati, Findlay and Fort Wayne Railway Company and of the supplements thereto; and
(b) All of the property of The Cincinnati, Findlay and Fort Wayne Railway Company extending from its connection with The Cincinnati Northern Railroad Company at Haviland, to a point approximately 500 feet east of the most easterly switch at Grover Hill, and all side tracks between those points, being the same premises heretofore authorized by the District Court of the United States for the Southern District of Ohio, Western Division, on October 8, 1918, to be sold and conveyed by John B. Carothers as Receiver of The Cincinnati, Findlay and Fort Wayne Railway Company to The Cincinnati Northern Railroad Company free and clear of the lien of the First Mortgage of the Cincinnati, Findlay and Fort Wayne Railway Company and of the supplements thereto.
V.
Four locomotives, eight passenger cars, six coal cars and one converted work car or such of said rolling stock as shall be in existence at the time of sale and subject to wear and tear in its then condition.
VI.
All traffic, trackage, crossing, terminal and other contracts more particularly mentioned and described or referred to in said final decrees.
As more fully provided by said final decrees, to which reference is hereby made:
1. The sale will be made without valuation, appraisement, redemption or extension.
2. The property will be offered for sale in one block or parcel and as an entirety.
3. The property will be sold subject to the lien of any and all taxes and assesments and like charges levied or assessed against it or any part thereof and subject to any other statutory liens against it or any part thereof, which are or may be chargeable upon it or any part thereof, prior to the lien of the First Mortgage dated November 1, 1906, executed and delivered by The Cincinnati, Findlay and Fort Wayne Railway Company to the Continental Trust Company of the City of New York, and Elias J. Jacoby as Trustees and the supplements thereto. The property will also be sold subject to the right reserved by the United States Railroad Administration for operation until November 30, 1918, by the Cincinnati Northern Railroad Company, of that portion of the line of railroad of The Cincinnati, Findlay and Fort Wayne Railway Company commencing at a point in the town of Haviland County of Paulding, State of Ohio, where the said line of railroad crosses the line of railroad of the Cincinnati Northern Railroad Company westwardly to the station of The Cincinnati, Findlay and Fort Wayne Railway Company in the town of Tillmans, County of Allen, State of Indiana, a distance of approximately sixteen miles. The property will, however be sold free and clear of any and all debts, claims and charges other than those above specified, and any and all such other debts, claims and charges which may hereafter be adjudged to be prior or superior to the lien of said First Mortgage and the supplements thereto, will be payable out of the proceeds of sale of the property, all questions relating to the priority or superiority of any and all such debts, claims and charges having been expressly reserved by the Court for further hearing and determination, except so far as the same were determined by order of the Court, dated October 22, 1918, as amended December 16, 1917.
4. The undersigned will receive no bid from any one offering to bid who shall not first deposit with him as a condition precedent to his right to bid and as a pledge that such bidder will make good his bid in case of its acceptance by the undersigned and confirmation by the Court, the sum of $20,000.00 in cash, or by certified check upon any national bank or trust company in the State of Ohio or the City of New York acceptable to the undersigned and made or endorsed payable to the order of the undersigned as Special Master, or in lieu of said deposit in cash or by check, $200,000.00, principal amount of the First Mortgage Bonds of The Cincinnati, Findlay and Fort Wayne Railway Company (hereinafter referred to as First Mortgage Bonds) in bearer form, accompanied by the coupons appertaining to such bonds maturing November 1, 1914, and subsequently. In lieu of the deposit of First Mortgage Bonds and coupons with the undersigned hereby permitted, he will accept the certificate of any trust company in the City of New York that it holds subject to his order as Special Master the amount therein specified of First Mortgage Bonds in bearer form, accompanied by the coupons therein stated. The deposit received from any unsuccessful bidder will be returned to him when the property has been struct off. The deposit received from the successful bidder will be held by the undersigned subject to the orders of the Court, and upon confirmation of the sale will be applied on account of the purchase price of the property for which said bid was made. The undersigned will accept no bid for the property for less than the sum of ($200,000.00) two hundred thousand dollars. The undersigned will accept the highest and best bid received and will knock down the property sold to such bidder, subject to confirmation of the sale by the Court. Any party to this cause or any owner or holder of First Mortgage Bonds may bid or purchase at the sale.
5. In case any bidder, after the acceptance of his bid by the undersigned and confirmation by the Court, shall fail to comply within the period of twenty days with any order of the Court requiring or relating to the payment of the balance of the purchase price, then the sums deposited by such accepted bidder, whether in cash or by check or represented by said First Mortgage Bonds shall be forfeited as a penalty for such failure and shall be applied to the payment of the expenses of a resale and toward making good any deficiency or loss in case the property shall be sold at a less price on any such resale and for such other purposes as the Court may direct. If the Court shall not confirm the sale, the deposit made by the accepted bidder will forthwith be returned to such bidder.
6. The purchases must on the confirmation of the sale by the Court, make such further payment or payments in cash on account of the purchase price as the Court may from time to time direct. So much of the purchase price as may not be required by the Court to be paid in cash may either be paid in cash or the purchaser may satisfy and make good such residue of his bid in whole or in part by turning over to the undersigned to be cancelled or credited, as provided in said final decrees, First Mortgage Bonds of The Cincinnati, Findlay and Fort Wayne Railway Company and coupons thereunto appertaining. In lieu of turning over to the undersigned, under the provisions of said final decrees, First Mortgage Bonds and coupons, the undersigned will accept the certificate of any trust company in the City of New York, that it holds subject to his order as Special Master, the amount therein specified of said First Mortgage Bonds in bearer form and accompanied by the coupons therein stated. The purchaser will be credited on account of the purchase price for First Mortgage Bonds and the coupons thereunto appertaining turned over in part payment of the purchase price, such sumas would be paid in cash upon such First Mortgage Bonds and coupons out of the proceeds of sale if the whole amount of the purchase price had been paid in cash.
7. The right is reserved by the Court to retake and resell the property upon such notice as it may direct at the risk and cost of the purchaser, in case the purchaser thereof shall fail or omit to make any payment on account of the purchase price within twenty days after the entry of any order requiring such payment. The purchases or his successors or assigns, will not be required to see to the application of the purchase money and shall have the right to enter his or their appearance in the above mentioned causes and to become parties thereto.
8. The purchases or his successors or assigns as well as all parties and claimants, shall have the right to contest any and all claims, demands and allowances, or the preference or priority thereof and may appeal from any and all decisions, judgments, decrees or orders relating to any such claim, demand or allowance.
9. The purchases and his successors or assigns shall have the right for the period of six months after the delivery of the deed or instruments of transfer from the undersigned, to elect whether or not to assume or to adopt any lease or contract made by the defendant The Cincinnati, Findlay and Fort Wayne Railway Company, and such purchases, his successors and assigns, shall beheld not to have assumed or to have adopted any lease or contract in respect of which he or they shall not have filed a written election to assume or to adopt the same with the Clerk of the Court within said period of six months or within such additional period as the Court may by its order or decree permit.
The purchases and his successors or assigns shall have the right to elect not to take or accept any part of the property struck off to him by written notice to the undersigned given at any time prior to the execution and delivery of the deed or instruments of transfer from the undersigned. No such election by the purchases, his successors or assigns, shall diminish or effect the purchase price to be paid by the purchaser. The deed or instruments of transfer to be given by the undersigned, the defenant The Cincinnati, Findlay and Fort Wayne Railway Company and the plaintiffs, as provided by said final decrees, shall expressly except therefrom any and all property which the purchaser or his successors or assigns shall so elect not to take or to accept.
For a more detailed statement of the terms and conditions under which such sale will be made, and for a more particular description of the property to be sold, reference is hereby made to the above mentioned final decrees, the originals of which are on file in the respective offices of the Clerk of the District Court of the United States for the Southern District of Ohio, Western Division, of the Clerk of the District Court of the United States for the Northern District of Ohio, Western Division and of the Clerk of the United States, District of Indiana, and copies of which may be obtained from the undersigned.
Dated: October 16, 1918.
FRANK H. SHAFFER, Special Master.
SQUIRE, SANDERS & DEMPSEY, Leader News Building, Cleveland, Ohio.
ALFRED A. COOK, 111 Broadway, New York City, Solicitors for Plaintiffs.
UNITED STATES DISTRICT COURT, Southern District of New York.—Notice is given that the NEWTOWN CREEK TOWING CO., owner of the Steamtug "TRIUMPH," has filed its petition for Limitation of Liability for any loss, damage or injury from said vessel on the night of January 1st, 1916. Value of vessel and freight $6,000. All persons claiming damages because of such loss, destruction, damage or injury must prove their claims before Max Rockmore, Esq., at his office, Room 349, P.O. Building, Borough of Manhattan, City of New York, on or before the 16th day of December, 1918, or be defaulted.
Dated September 6th, 1918.
THOMAS D. McCARTHY, U.S. Marshal.