# Appendix — American Insurance v. Lucas > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0027%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1941 - **Citation:** 314 U.S. 575 ## Text I. Index of Witnesses and Exhibits (Chronologically as to appearance in transcript)— Pages XXVI II. Alphabetical Index of Witnesses— Pages XXVII to XXXI III. Alphabetical Index of Plaintiff Insurance Companies— Pages XXXIII to XXXVIII IV. Exhibits (Chronologically as to dates thereof)— Pages XXXIX to LXI a Roya Exchange Assurance, dated March 31, 1936... LAURENS R. BOWDEN. Vice President, Bankers & Shippers Insurance Company Group... : Exhibit 147—Check Pacific Fire Sasusenee ‘Canpeny, dated March 24, 1936, to R. J. Folonie, Agent. for $1,602.17... A Exhibit 148—Check “Beshew ~ poy ‘eee Company, dated March 24, 1936, to R. J. Folonie, Agent, for $2,060.97.. Exhibit 149—Check of ew pom begee co pany, dated March 24, 1936, issued to R. J. Folonie, Agent, for $1,402.27... 2 Exhibit 150—Requisition for atk of Pacific Fire Insurance Company, dated March 24, 1936. Exhibit 151—Memorandum of receipt of New aie Insurance Company, dated March 25, 1936 .. Exhibit 152—Request for check of New Jersey Insur- ance Company, dated March 24, 1936... Exhibit 153—Journal page of Pacific Fire Insurance Company entitled “Missouri Impound Custodian”. HARRY HALPRIN, Assistant Branch mxmccnteadle of — Exchange Group ne Exhibit 154—Check of Royal Site Assurance, dated March 23, 1936, to C. R. Street, for $6,385.31. Exhibit 155—Page from disbursement records of a Exchange Assurance, March 25, 1936 .. HERMAN L. WILKINS, former Secretary and Treasurer of Importers & Exporters Insurance Company . Exhibit 156—Check of Importers & Exporters Insur- ance Company, dated March 25, 1936, to C. R. Street, Agent, for $2,482.25... eh. HARRY G. CASPER, United States Manager of Eagle Star and British Dominions Insurance Company Vol. II II II II II II II II II II II II II II Il II II II Page 79 80 81 103 105 a 3! bo, eee See PP eee InpEx I Exhibit 157—Check Eagle Star & British Dominions Insurance Company, dated March 24, 1936, to C. R. Street, Agent, for $1,028.57... ini Exhibit 158—Voucher of Eagle Star & British ‘Seu ions Insurance Company, dated March 24, 1936... Exhibit 159—Page 252 from Cash Book of Eagle Star & British oe * Insurance acinar for month = March, 1936... aa ee Meehan JOHN R. BARRY, Vice President of Corroon & Reynolds EVERETT W. NOURSE, United States sauna London Assurance Corporation Group .. Exhibit 160—Check of London ” pamapenen, "gated March 23, 1936, to Charles R. Street, Benson for $3,493.96 eee PAUL B. SOMMERS, President, American Insurance Company Group... Exhibit 161—Check requisition of deneaionn ‘ewe ance Company, dated March 21, 1936................---- Exhibit 162—Check American Insurance Company, dated March 21, 1936, to C. R. Street, for $9,719.03 Exhibit 163—Check requisition of Columbia Fire Insurance Company THEODORE PLESSNER, President of Northern Insur- Qe COCTINIOING naan ann enna e oon ener ceernneenncnenenrencomrnmmenennnnens Exhibit 164—Check of Northern Ineurence Company, dated March 23, 1936, to C. R. Street, — for $3,639.20 anid ore GEORGE S. ALLEN, Chief Accountant, Svea Fire & Life Insurance Company, and Secretary of Hudson Insur- ance Company . ; Exhibit 165—Check of Svea Fire & Life Insurance Company, dated April 2, 1936, to C. R. Street, Agent, for $647.91... Exhibit 166—Check of Hudson Insurance , een dated April 2, 1936, to C. R. Street, — for $615.66 HENRY J. WYATT, Vice President, Crum & Forster Group Exhibit 19—-Check of Crum & ; onion. " dated un 2, 1935, to Charles R. Street, Chairman, for Exhibit "lak ented prams “distribution of $5,000.00 among companies of group... oe Vol. II II Il II II 112 114 117 122 128 131 136 138 143 145 148 153 159 160 162 165 166 XIV Inpex I Exhibit 169—Carbon copy of check and office voucher of Crum & Forster, dated May 2, 1935, to Charles R. Street, Chairman, for $5,000.00 Exhibit 170—Check of Crum & Forster, dated March 21, 1936, to C. R. Street, Agent, for $6,419.41; and memorandum prepared by Mr. Haid......................... Exhibit 171—Copy of check and office voucher of Crum & Forster, dated March 21, 1936, to C. R. Street, Agent, for $6,419.41... S. CLARENCE KLINE, Superintendent of Agencies, Tokio Marine & Fire Insurance Company....................-. Exhibit 172—Check of Tokio Marine & Fire Insurance Company, dated March 25, 1936, to C. R. Street, Agent, for $1,792.86 FRANK B. MARTIN, formerly with Yorkshire Insur- ance Company group. Exhibit 173—Requisition of Yorkshire Insurance Com- pany, dated March 24, 1936, to C. R. Street, Agent, for $2,455.62 Exhibit 174—Check of Yorkshire Insurance Company, Ltd., dated March 24, 1936, to C. R. Street, Agent, for $2,455.62. T,. J. IRVINE, Manager and President of Phoenix As- surance, Ltd., group Exhibit 175—Check of Phoenix Assurance Company, Ltd., of London, dated March 23, 1936, to C. R. Street, Agent, for $5,226.18... .....---------.-0-ceeeee-seeeees Exhibit 176—Memorandum showing proration of payment borne by each member of the group........ Exhibit 177—Memorandum odin by Mr. Irvine, March 23, 1936... Exhibit 178—Letter_ “of “Mr, ‘Cencingen | to ~ Mr. Erskine, dated March 23, 1936....0.0.......-.c:ccccesse Exhibit 179—Page from Cash Book of Phoenix he surance Company for month of March, 1936.. Exhibit 180—Page from Cash Book of Shessis i surance Company opposite Exhibit 179................... Exhibit 181—Sheet from General Ledger entitled “Ac- count Missouri Impounded Premium Adj. Acc’t’”’.... R. V. A. BAKER, General Auditor of Tokio Marine & Fire Insurance Company. .........02......-00c0-cesesneneeeeeesseenanen GUSTAVUS REMAK, JR., President Insurance sheers of the State of Pennsylvania. JOHN J. P. RODGERS, Vice President and Treasurer of Insurance Company of the State of Pennsylvania... Il Il Il Il Il II II II II II II II II II Il II II II II 168 170 172 196 208 209 218 — a >. InveEx I Exhibit 182—Check of Insurance Company of the State of Pennsylvania, dated March 24, 1936, to C. R. Street, Agent, for $1,876.68 Exhibit 183—Page 177 of Cash Book of Insurance Com- pany of the State of Pennsylvania Exhibit 184—Letter of Hicks & Folonie to Mr. Rodgers, dated February 24, 1936... -----------ceecceeeeeeeems Exhibit 185—Circular letter of Insurance Executives Association, dated March 20, 1939... JOHN M. THOMAS, President National Union Fire Insurance Company .... Exhibit 186—Check National ‘Union ‘Fire Insurance Company, dated March 23, 1936, issued to Charles R. Street, Agent, for $4,019.00.............-------------------- Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated March 17, 1936.-.......--.-.-.---- Exhibit 189—Letter of Mr. Thomas to Mr. Street, dated March 23, 1936 Exhibit 187—Check requisition of National Union Fire Insurance Company, dated March 20, 1936... WILLIAM C. DENT, Assistant Secretary, Potomac In- surance Company...........- SHELDON CATLIN, Vice President of insusence Com- pany of North America Group.... Exhibit 190—Disbursement veuser of Tasusanee Cm- pany of North America, dated March 24, 1936....... Exhibit 191—Check of Insurance Company of North America, dated March 24, 1936 to C. R. Street, Agent, for $8,903.39 (Exhibit 191a see page XXV.) (Exhibit 191b see page XXV.) (Exhibit 191¢ see page XXV.) Exhibit 192—Page from Cash Book of the Alliance Insurance Company, dated March, 1936... : HART DARLINGTON, Moenager of the New York De- partment of Norwich Union Society group... Exhibit 193—Check requisition of Norwich “Union Fire Insurance Society, dated March 23, 1936........... Exhibit 194—Check of Norwich Union Fire Insurance Society, dated March 23, 1936, to Cc. R. — Agent, for $2,201.37. Exhibit 195—Check requisition ie Fire jae of New York, dated March 23, 1936... ............-.- XV Vol. Page II II Il Il 293 294 XVI Inpex I Exhibit 196—Check Eagle Fire Insurance Company, dated March 23, 1936, to C. R. Street, Agent, for $896.60 A. T. TAMBLYN, President Lincoln Fire Insurance Com- pany (Chicago Fire & Marine and Presidential Fire & Marine) Exhibit 197—Check of Lincoln Fire Insurance Com- pany, dated April 15, 1936, to C. R. Street, Agent, for $694.52. LOUIS MOECKEL, Supervisor of the Statistical De- partment of Continental Insurance Company group... Exhibit 198—Memorandum prepared by Mr. Moeckel, dated December 18, 1935... Exhibit 199—Letter of Mr. Swan to Mr. Haid, dated March 23, 1936 Exhibit 200—Letter of Mr. Swan to Mr. Jones, dated March 21, 1936 Exhibit 201—Letter of Mr. Swan to Mr. Jones, dated March 30, 1936 Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated April 1, 1936. W. H. EMES, Comptroller of Continental Insurance Company group Exhibit 203—Letter from Mr. Jones to Mr. Culver, dated April 20, 1936 CECIL F. SHALLCROSS, United States Manager of North British & Mercantile Insurance Company group F. W. MAASEN, Auditor of London Assurance Corpora- tion group J. D. ERSKINE, Secretary, Insurance Executives Associa- tion Exhibit 204—Extract from Articles of Association of Insurance Executives Association, showing the purposes Exhibit 205—List of companies in Federal Court cases, showing amounts impounded to May 1, 1935......... Exhibit 206—List of companies arranged as to groups, showing 11% payment total impounded premiums and 5% of impounded premiums PAUL L. HAID, President, Insurance Executives As- sociation - Exhibit 207—List of Trustees of Insurance Buscutives Association in 1935 Exhibit 208—List of Trustees of Insurance Executives Association in 1936 Vol. Page 44 295 II 299 II 301 II 305 II 307 II 316 II 318 Il 324 I 325 326 340 II 342 0 343 II 347 I 360 II 362-364 TI 366-370 II 373 I 407 II 407 . InpEx I XVII Vol. Page Exhibit 209—List of companies in Missouri Rate case in Federal Court not affiliated with Insurance Exec- utives Association ... eee Il 408 ROBERT R. CLARK, United States Manager of Caledonian Insurance Company II 415 Exhibit 210—Letter of Mr. Clark to Mr. George Cc. Long, dated May 3, | Il 421 Exhibit 214—Check of Caledonian lnewenee ‘Compeny, dated May 3, 1935, to Charles R. Street, Chairman, for $2,000.00 ... : II 423 Exhibit 211—Carbon | copy of ‘letter om ‘Chiet yr countant Caledonian Insurance Company to Mr. Street, dated November i = II 426 Exhibit 212—Letter “of Mr. Street to Mr. Clark, dated November 23, 1936... ; II 428 Exhibit 213—Letter from Mr. ‘Clark to Mr. ‘Street, dated November 25, 1936.. OR: II 429 Exhibit 215—Check of Caleéenien Raswwenee Company, dated November 25, 1936, to C. R. Street, for $495.50 II 431 Exhibit 216—Receipt of C. R. Street, Chairman, to Caledonian Insurance Company, for $495.50............ II 433 Exhibit 217—Copy of telegram from Mr. Street to Mr. Long, dated May 16, 1935... II 441 R. M. BISSELL, President of Hartford Fire Insurance Company group..........- II 442 Exhibit 218—Check of Hartford Fire ‘Resmsenee ‘Gm- pany, dated May 3, 1935, to C. R. Street, Chair- man, for $10,000.00 .. . II 449 Exhibit 219—Letter of Mr. Bissell to wy G. ‘Dugan, . dated December 27, 1935 ............- II 452 JOHN H. VREELAND, United States Manager of Scot- tish Union and National Insurance sirens and President of American Union ............. II 461 Exhibit 220—Check of Scottish Union and National Insurance Company, dated fl 3, 1935, to R. J. Folonie, Attorney, for $4,000.00 . ‘Il 468 Exhibit 221—Receipt of C. R. Street, Chairman, to Scottish Union & National Insurance oe dated May 3, 1935... ADe II 470 Exhibit 222—Check of American Union Insurance ‘ain. pany, dated March 27, 1936, to C. R. Street, — for $1,257.42... seein II 472 Exhibit 0-Chedh of Seottidh “Union & ” National Insurance Company, dated March 27, 1936, to C. R. Street, Agent, for $414.50... a aeeedasetannebaninanel Il 474 XVIII InpEx I Exhibit 224—Letter to Scottish Union & National In- surance Company from Internal Revenue Agent, dated September 21, 1937 Exhibit 224a—Report of Internal Revenue Agent en- closed with Exhibit 224 (Exhibit 225 see page VI.) (Exhibit 225a see page VI.) (Exhibit 225b see page VI.) (Exhibit 225c see page VII.) FREDERICK M. DOMINICK, Assistant Secretary Boston Insurance Company group Exhibit 226—Letter of Mr. Dominick to Mr. Hewett, dated March 21, 1936 Exhibit 228—Letter to Paul L. Haid from Mr. Dominick, dated March 21, 1936 (Exhibit 228a see page XXVI.) Exhibit 227—Receipt of C. R. Street to Old Colony Insurance Company, dated March 25, 1936______. Exhibit 227a—Receipt of C. R. Street to Boston In- surance Company, dated March 25, 1936... lL LLOYD GREENE, Vice President of Boston Insurance Company group. Exhibit 229—Memoranda odnasuite by Mr. Greene, March 21, 1936 wings FREDERICK M. DOMINICK, recalled Exhibit 230—Letter from Mr. Dominick to Mr. Street, dated June 4, 1936 Exhibit 231—Receipt from Mr. Street to Mr. Dominick, dated April 13, 1936, for $6,097.15 Exhibit 232—Letter from Mr. Street to Mr. Dominick, dated June 8, 1936 WILLIAM R. HEDGE, President of the Boston In- surance Company and of Old Colony Insurance Company F. B. LUCE, Vice President of the Providence Washing- ton Insurance Company Exhibit 233—Check of Providence Washington Insur- ance Company, dated March 24, 1935, to C. R. Street, Agent, for $2,186.72 FRANK A. SCHLESINGER, Treasurer of Springfield Fire and Marine Insurance Company group... Exhibit 234—Certificate of Frederick B. Sweet in re George G. Bulkley, dated August 3, . 1939 Vol. a BARA RA Page ” en a Pe ee ee ee ee es ee ee ere a Inpex I Exhibit 235—Affidavit of George G. Bulkley, dated August 3, 1939 Exhibit 236—Letter from Treasurer to Paul ay ‘Haid, dated March 23, 1936... 3 Exhibit 237—Memorandum “ March 24, 1936, pram ing 5% of impoundings Springfield Fire Group... Exhibit 238—Same as Exhibit 63... Exhibit 239—Check of Springfield. ‘Fire & “Marine Insurance Company, dated March 23, 1936, to c me Street, Agent, for $15,821.52... ich B Exhibit 240—Receipt from C. R. ‘Street, , Agent, to > ie. Bulkley, dated March 31, 1936. k. ROBERT C. WEIGEL, Secretary and Comptroller of the Rhode Island Insurance Company group........... Exhibit 241—Check of Rhode Island Insurance Com- y to C. R. Street, Agent, dated March 26, 1935, for "$2,938. 42. Exhibit 242—Check of Merchants Insurance Company of Providence, dated March 31, 1936, to e 2. Street, Agent, for $1,010.90 Exhibit 243—Requisition for check for $2,938.42, pay- able to C. R. Street, Agent, March, 1936... Exhibit 244—Letter from Mr. Weigel to Mr. Street, dated March 26, 1936... Exhibit 245—Letter pecs “Mr. Weigel o Mr. Street, dated March 26, 1936.. va Exhibit 246—Letter from Mr. “Street to Mr. Weigel, dated March 28, 1936 .. Exhibit 247—Letter from Collection ‘mew py Mr. Street, dated March 31, 1936... JOHN R. COONEY, President of the Firemen’s Insur- ance Company group .. = GILBERT KINGAN, Eastern Manager of London and Lancashire Insurance een and Chief Executive of affiliated companies... Exhibit 248—Letter om ‘. Pp. pera to ; fea L. Haid, dated August 4, 1939... ; Exhibit 249—Letter from J. P. “Redgers to et ‘ Haid, dated August 4, 1939... RUE: Exhibit 250—Letter from Mr. Rodgers ne ‘Subscribers’ Actuarial Committee, dated February 18, 1936... Exhibit 251—Memorandum of March 24, 1936, The In- surance Company of the State of Pennsylvania... Exhibit 252—Letter from Mr. Rodgers to Subscribers Actuarial Committee, dated February 19, 1936___... xx InpEx I Vol. Page ESMOND EWING, Vice President and Secretary of The Travelers Fire Insurance I etic cece cscs III 26 CLYDE P. SMITH, Secretary of the Hartford Fire In- surance Company.... rue Ill 30 Exhibit 253—Check of ‘Hartford Fire Insurance Com pany, dated March 24, 1936, payable to C. R. Street, Agent, for $25,285.99... III 42 ROBERT D. SAFFORD, Vice President and Assistant Secretary of The Travelers Fire Insurance Company... III 43 Exhibit 254—Check of The Travelers Fire Insurance Company, dated May 3, 1935, for $2,000.00, to Charles R. Street, Chairman Ill 49 (Exhibit 254a see page XXVI.) Exhibit 255—Memorandum from Robert D. Safford to Auditor Flynn, dated May 27, 1935 Ill 53 Exhibit 256—Memorandum from Mr. Safford to Mr. Flynn, dated February 26, 1936. III 56 Exhibit 257—Memorandum from Mr. Safford to Mr. Flynn, dated March 25, 1936 Ill 59 Exhibit 258—Memoranda, dated March 24, 1936, for I sac aitatesserelniceaisdclnesoneshgertptonn esenpeacnnsacindse III 62,63 Exhibit 259—Letter from Ewing to Mr. Erskine, dated SI 7 an oan adecneaemeneeonenenatignpaauatbsirienaranen III 65 Exhibit 260—Letter from Safford to George C. Long, _ dated May 3, 1935 Ill 70 Exhibit 261—Memorandum prepared sd Alfred Stin- 0 ee III 14 FRANK D. LAYTON, President of the National Fire Insurance Company group... Ill 75 GEORGE C. LONG, JR., President of the Phoenix In- surance Company group.. Ms Ill &4 Exhibit 262—Letter im Mr. Bissell po . Mr. ‘ee dated May 3, 1935... = Ill 90 Exhibit 263—Letter won Mr. ‘Safford pe “Mr. ‘Le dated May 3, 1935... we Ill 91 Exhibit 264—Letter on. “Mr. Clark, Manager, to Mr. Long, dated May 3, 1935........... III 92 Exhibit 265—Letter from Alfred Stinson to Mr. Long, dated May 4, 1935........... III 93 Exhibit 266—Letter from Mr. apy pe Mr. Street, dated May 4, 1935... nee III 95 Exhibit 267—Photostatic ¢ copy wr teen puny Mr. Street to Mr. Long, dated May 16, 1935... ae ae 98 Exhibit 269—Photostatic copy of telegram pa c R. Street to George C. Long, dated May 16, 1935... II 99 InpEx I Exhibit 268—Photostatic copy of telegram from H. P. Whitman to C. R. Street, dated May 16, (| ae Exhibit 270—Copy of letter from Ross McCain to Mr. Street, dated May 16, 1935...........----------- Exhibit 271—Photostatic copy of telegram from Mr. Long to Mr. Street, dated May 16, 1935... JOHN F. GILLIAMS, Vice President of the Camden Exhibit 272—Requisition of Camden Fire Insurance Company, dated March 23, 1936, to C. R. Street, Agent, for $2,301.59.....------—--------------n nr Exhibit 273—Check of Camden Fire Insurance Com- pany, dated March 23, 1936, to C. R. Street, Agent, for $2,301.59 1 ISR J. D. SMART, President of the New Hampshire Fire Insurance Company group. Exhibit 274—Check of New Hampshire Fire Insurance Company to C. R. Street, Agent, for $4,652.18, dated March 21, 1936 Exhibit 275—Memo of telephone conversation from Paul Haid to J. D. Smart, dated March 21, 1936........ Exhibit 276—Letter from Mr. Swallow to Mr. Haid, dated March 21, 1936............---------—------------ SA Pas GEORGE W. SWALLOW, Secretary-Treasurer of the New Hampshire Fire and Secretary of the Granite State - HENRY P. WHITMAN, Vice President of the Phoenix Insurance Company 8TOUD.........-.------------- crn JOSEPH K. HOOKER, Vice President of the Auto- mobile Insurance Company 8TOUDP........------------------- Exhibit 277—Certificate of Dr. G. Gardiner Russell, in re Alfred Stinson, dated August 4, 1939................. Exhibit 278—Check of Automobile Insurance Com- pany for $3,158.48 to C. R. Street, Agent, dated March 24, 1936..............-.------- i ae at aes Exhibit 278a—Check of Automobile Insurance Com- pany for $3,500.00 to C. R. Street, Agent, dated May 4, 19386................-------- : “i Exhibit 278b—Endorsement on check, Exhibit 278....... Exhibit 278c—Endorsement on check, Exhibit 278a........ Exhibit 279—Check requisition of Automobile Insur- ance Company of Hartford, to C. R. Street, Chair- man, dated May 4, 1935, for $3,500.00..............------------ “a Vol. Ill Ill Ill Ill Ill Il Il IIL, pei Ill Ill Ill III Ill I 113 114 115 121 122 123 126 127 130 133 137 138 137 138 139 XXII INDEX I Vol. Page Exhibit 280—Check requisition of Automobile Insur- ance Company, to C. R. Street, Agent, dated March 24, 1936, for $3,158.48 Ill 140 Exhibit 281—Voucher No. 42 for check payable to C. R. Street, Chairman, for $3,500.00, dated May 4, 1935, by Automobile Insurance Company of Hart- ford; also Voucher No. 221 for check payable to C. R. Street, Agent, for $3,158.48, dated March 24, 1936, Automobile Insurance Company of Hartford... III 141-142 Exhibit 282—Letter of transmittal from Alfred Stin- son to George C. Long, dated May 4, 1935............... III 148 Exhibit 283—Memorandum re Total Impounded pre- miums of Aetna Insurance Company Group to May 1, 1935. III 144 Exhibit 284—Inter-office Communication dated March 24, 1936, from Mr. Hooker to Alfred Stinson... Ill 145 Exhibit 285—Copy of letter from Mr. Hooker to Mr. Haid, dated March 24, 1936 Ill 146 Exhibit 286—Letter from Mr. Linde to Mr. San, dated July 15, 1938 III 147-148 Exhibit 287—Sheet No. 39 from Journal of Auto- mobile Insurance Company, for month of May, ER as, * Ree eet errr nee te serena eee III 149 Exhibit 288—Sheet No. 46 from Journal of Auto- mobile Insurance Company, for month of May, 1935 be III 149 Exhibit 289—Sheet entitled “Legal Expense” Account No. 97, for year 1935, Automobile Insurance Com- pany - III 149 Exhibit 290—Sheet No. 23 from Journal of hate mobile Insurance Company, month of March, 1936... III 149 Exhibit 291—Sheet No. 27 from Journal of pure mobile Insurance Company, month of March, 1936... II 149 Exhibit 292—Sheet entitled “Legal Expense” Ac- count No. 100, year 1936, Automobile Insurance Company ———....________._--__-—-___----—---—------—-- III 149 WILLIAM H. TALCOTT, Auditor of Scottish Union and National Insurance Company.............-.....--..----------------------- III 152 ROBERT J. FOLONIE, of the firm of Hicks & Folonie, Attorneys for the Insurance Companies. III 156 Exhibit 293—Page No. 14 from Cash Receipts book of firm of Hicks and Folonie, entitled “Cash Re- ceipts,” dated May, 1935 Ill 169 Exhibit 294—Page No. 14 from Cash Disbursements book of firm of Hicks and Folonie, entitled “Cash Disbursements,” dated May, 1935. Ill 169 INDEX I Exhibit 296—Statement from C. R. Street to income tax representatives Exhibit 295—Check of Phoenix Insurance Company, payable to R. J. Folonie, Attorney, for $6,500.00, dated May 4, 1935 Exhibit 297—Check of Pacific Fire Insurance Com- pany, dated March 24, 1936, payable to R. J. Folonie, Agent, for $1,602.17 Exhibit 298—Check of Bankers & Shippers Insurance Company, dated March 24, 1936, payable to R. J. Folonie, Agent, for $2,060.97 Exhibit 299—Check of New Jersey Insurance Com- pany, dated March 24, 1936, payable to R. J. Folonie, Agent, for $1,402.27 Exhibit 300—Check of Sun Insurance Office, dated March 23, 1936, payable to R. J. Folonie, Agent, for $3,691.06 Exhibit 301—Letter from C. R. Street to Mr. Folonie, dated December 28, 1937 A. L. McCORMACK, in the insurance business... RAY B. DUBOC, President of The Western Fire In- surance Company Exhibit 302—Check of The Western Fire Insurance Company, dated April, 1936, payable to C. R. Street, Agent, for $1,693.63 Exhibit 303—Letter from C. R. Street to Mr. Duboc, dated March 30, 1936 Exhibit 304—Statements from Missouri Inspection Bureau to Western Fire Insurance Company for assessments for the years 1929-1930. Exhibit 305—Statements of assessment of Missouri Inspection Bureau to Western Fire Insurance Com- pany dated January 2, 1934, October 1, 1933, July 1, 1933, May 1, 1933, April 1, 1933, and Premium Report to Missouri Inspection Bureau dated March 21, 1933 Exhibit 306—Letter dated September 2, 1931, from Missouri Inspection Bureau to Western Insurance Company RUSSELL D. HOBBS, Recalled Exhibit 307—Copy of letter from Hicks & Folonie, dated March 12, 1935, to C. R. Street, Chairman... G. N. GARDNER, Vice President of the Merchants Fire Insurance Company of’ Denver... XXIII Vol. Page Ill 179 III 181 III 200 Ill 201 III 202 III 203 Ill 218 Ill 228 III 255 III 258 III 259 III 265-272 III 274-280 III 281-282 III 284 Ill 294 III 297 XXIV InDEx I Exhibit 308—Check of Merchants Fire Insurance Company, dated April 8, 1936, to C. R. Street, Agent, for $669.40_. ... Exhibit 309—-Remittance Advice, dated April 8, 1936, to C. R. Street, Agent, for $669.40 Exhibit 310—Copy of letter from Mr. Gardner to Mr. Street, dated April 1, 1936 3 Exhibit 311—Copy of letter from C. R. Street to Mr. Jessup, dated April 4, 1936 Exhibit 312—Copy of letter from Mr. Street to Mr. Gardner, dated April 4, 1936 Exhibit 313—Copy of letter from Mr. Jessup to Mr. Gardner, dated April 6, 1936 mall Exhibit 314—Copy of letter from Mr. Gardner to Mr. Jessup, dated April 8, 1936 Exhibit 315—Copy of letter from Mr. Jessup to Mr. Gardner, dated April 9, 1936 Exhibit 316—Copy of letter from Cc. R. Street to A. L. Jessup, dated March 30, 1936 a Exhibit 317—Copy of letter from Mr. Jessup to Mr. Street, dated April 2, 1936 Exhibit 318—Copy of letter from Mr. Jessup to Mor- rison, Nugent, Berger, Byers & Johns, dated August 26, 1939 Exhibit 319—Copy of letter from Mr. Jessup to Mor- rison, Nugent, Berger, Byers & Johns, dated Sep- tember 1, 1939. —--—--—--——-—--—- J. L. PARSONS, President of Crum & Forster............------ Exhibit 320—List of plaintiff companies showing number of each case and group affiliations..............-. Ww. R. McCAIN, President of the Aetna Insurance Company group aie Exhibit 321—Check of Aetna -nsurance Company, payable to Charles R. Street, Chairman, for $5,000.00, May 3, 1935. Exhibit 322—Check of Aetna Insurance Company, dated March 23, 1936, to C. R. Street, Agent, for $6,991.95 Exhibit 323—Memorandum prepared by G. H. Grant, HAROLD WARNER, President of the Royal Insurance Company group Exhibit 324—Memorandum for Journal Entry, dated June, 1935, Royal Insurance Company....---..--------- Vol. Page Ill 300 Ill 301 Ill 302 ll 303 Ill 304 Ill 305 Ill 306 Ill 307 Ill 308 lll 308 Ul 309 Il 317 Ill 317 I 327-331 Ill 331 Il 342 Ill 343 ItlI 350 Ill 351 Il 356 * "i, 4 Fer oy INDEX I Exhibit 325—Check of Royal Insurance Company, Ltd., dated March 23, 1936, to C. R. Street, nant for $12,200.40 PAUL W. TERRY, Manager of the Missouri Inspection Bureau HOMER H. BERGER, Attorney for the Insurance Companies BERNARD M. CULVER, President of the Continental Insurance Company group Exhibit 326—Check requisition of Continental re surance Company, dated May 2, 1935, for check to Chas. R. Street, Chairman, for $15,000.00... Exhibit 327—Check of The Continental Insurance Company, dated March 21, 1936, to C. R. Street, Pe EE ee ene Exhibit 328—Check requisition of The Continental In- surance Company of New York, dated March 21, 1936, to order of C. R. Street, Agent, for $22,323.12 _ EDWARD WEST ELWELL, President of the Royal Ex- change Assurance group...............-------.----- Exhibit 3la—Check of Fire Association of Philadel- phia, dated April 29, 1936, to C. R. Street, for $2,929.90 - Exhibit 31b—Check of nents Insurance Cen pany, dated April 29, 1936, to C. R. Street, for $1,221.22 Exhibit 31c—Check of The Reliance ensenee Som. pany, dated April 29, 1936, to C. R. Street, for $794.78 Exhibit 31d—Check of The Reliance Insurance pasta pany, dated April 29, 1936, to C. R. Street, for 79.0 = _____________--__- = --------- Exhibit 191a—Check of The Alliance Insurance Com- pany of Philadelphia, dated March 24, 1936, to C. R. Street, Agent, for $1,077.43_...............-...-----. - Exhibit 191b—Check of National Security Fire In- surance Company, dated March 24, 1936, to C. R. Street, Agent, for $552.19... -.-------------- Exhibit 191c—Check of Philadelphia Fire & Marine Insurance Company, dated March 24, 1936, to C. R. Street, Agent, for $2,553.21_..........--------------------—-- Exhibit 41a—Check of Mercury Insurance Company, dated March 31, 1936, to C. R. Street, — for QL SGO GG anna nanan aan ann anna name an aan nnn nnneenncnmenencecennn Vol. Ill Ill Ill III Ill Ill III III III III 404 410 423 424 425 426 428 429 430 XXVI InvEx I Vol. Page Exhibit 4l1b—Check of St. Paul Fire & Marine In- surance Company, dated March 31, 1936, to C. R. Street, Agent, for $4,121.75 Ill 431 Exhibit 254a—Check of The Travelers Fire Insurance Company, dated March 25, 1936, to C. R. Street, Agent, for $6,738.21 Ill 432 Exhibit 120a—Check of Atlas Assurance Company, Ltd., dated March 23, 1936, to C. R. Street, Agent, for $2,159.17 433 Exhibit 95a—Check of National Liberty Insurance Company of America, Special Account #3, to Cc. R. Street, Agent, dated March 23, 1936, for $4,260.39 Exhibit 228a—Check of Boston Insurance Company, dated March 21, 1936, to C. R. Street, Agent, for $6,097.15 Exhibit 28a—Check of Fire Association of Philadel- phia, dated March 18, 1936, to C. R. Street, for $1,712.82 Exhibit 329—Copy of report of Robert J. Folonie, Surviving Trustee, and Ernest A. Henne, Successor Trustee, dated February 24, 1939 437-472 Exhibit 330—Certified copy of Final a of Aetna vs. O’Malley, December 7, 1935... 474-511 Exhibit 331—Copy of Certificate of Setiataction of Judgment on January 16, 1936_ 511-512 Exhibit 332—Final Judgment in O’Malley vs. Patriotic Ins. Co., December 7, 1935 513-515 Exhibit 333—List of plaintiffs not parties to motion for restitution in Aetna vs. Hyde and not soa to the judgment of restitution 515-516 Exhibit 334—List of companies that were parties plaintiff in Aetna vs. Hyde, but were not parties plaintiff in any of the Federal Court cases. 516-517 JOHN J. CAMPBELL, with the Custodian of Impounded Funds 519 Exhibit 335—Statement of various accounts taken from Custodian’s record as of June 30, 1929— amounts as to each company of the total im- pounded distribution to the companies, distribution to the trustees, balance on hand, and amounts re- turned to Custodian by each company... CERTIFICATE OF REPORTER, dated September 12, 1939 Stipulation as to checks of Union Fire Insurance Com- pany and Phoenix Insurance Company m InpEx II INDEX Il Alphabetical Index of Witnesses ALLEN, GEORGE S., Chief Accountant, Svea Fire & Life Insurance Company, and Secretary of Hudson Insurance Company......- BAKER, R. V. A., General Auditor of Tokio Marine & Fire Insurance Company BARBOUR, ROBERT P., United States Manager of Northern Assurance Company and London and Scot- tish Assurance Corporation BARRY, JOHN R., Vice President of Corroon & Reynolds BELL, GEORGE H., Manager, Western Department, National Fire Insurance Company and affiliated com- panies; member Subscribers Actuarial Committee. BERGER, HOMER H., Attorney for the Insurance Com- panies BISSELL, R. M., President of Hartford Fire Insurance Company group BOWDEN, LAURENS R., Vice President, Bankers & Shippers Insurance Company Group BRADY, WALTER F., Vice President and Secretary of Merchants Fire Assurance Corporation BREEN, F. J., President Standard Fire Insurance Com- pany of New Jersey BUCK, S. M., former Western Manager of Firemen’s CAMPBELL, JOHN J., with the Custodian of Impounded , Se Een eee ae hae CARTLIDGE, HAROLD T., Deputy United States Man- ager Royal Insurance Company and affiliated com- panies CASHEL, JOHN R., Assistant Manager, Providence Washington Insurance Company CASPER, HARRY G., United States Manager of Eagle Star & British Dominions Insurance Company... CATLIN, SHELDON, Vice President of Insurance Company of North America group...... CLARK, HERBERT A., Vice President, Firemen’s Fund Insurance Company Group; member of Subscribers Actuarial Committee.......................------------------------ Vol. a — a | XXVII 271 249 XXVIII InpEx II CLARK, ROBERT R., Manager of Caledonian Insurance Company ed CLAUSSEN, CARSTEN, Manager Western Department, London & Lancashire Insurance Company Group........... COONEY, JOHN R., President of the Firemen’s In- surance Company Group CULVER, BERNARD M., President of the Continental Insurance Company Group DARLINGTON, HART, Manager of the New York De- partment of Norwich Union Society Group... DENT, WILLIAM C., Assistant Secretary, Potomac In- surance Company. DOMINICK, FREDERICK M., Assistant Secretary of Boston Insurance Company Group. DOSDALL, C. A., Secretary, St. Paul Fire & Marine In- surance Company, and Mercury Insurance Company DUBOC, RAY B., President of The Western Fire In- surance Company. ELWELL, EDWARD WEST, President of the Royal Ex- change Assurance Group EMES, W. H., Comptroller of Continental Insurance Company Group ~ ERSKINE, J. D., Secretary, Insurance Executives Association EWING, ESMOND, Vice President and Secretary of The Travelers Fire Insurance Company. FOLONIE, ROBERT J., of the firm of Hicks & Folonie, Attorneys for the Insurance Companies. GARDNER, G. N., Vice President of the Merchants Fire Insurance Company of Denver. GILLIAMS, JOHN F., Vice President of the Camden Fire Insurance Company. GREENE, I. LLOYD, Vice President of Boston Insur- ance Company Group. HAID, PAUL L., President, Insurance Executives As- sociation HALPRIN, HARRY, Assistant Branch Secretary of Royal Exchange Group. HARDING, JOHN C., Vice President, Springfield Fire & Marine Insurance Compeny Group; member of Sub- scribers Actuarial Committee HEDGE, WILLIAM R., President of Boston Insurance Company and Old Colony Insurance Company..__. s goose & 8S 8 & ws we & & INDEX II HENNE, ERNEST A., Chairman, Subscribers Actuarial Committee, and Vice President Continental Insur- ance Company Group HOBART, BERNARD E., Auditor, Springfield Fire & Marine Insurance Company Group HOBBS, RUSSELL D., Secretary, Subscribers Actuarial Committee ............ sciiakatdeteigial HOOKER, JOSEPH K., Vice President of the Automobile Insurance Company Group... nit HUBBARD, FRED A., former " President ale Globe & Rutgers Fire Insurance Company, and President Han- over Fire Insurance Company IRVINE, T. J., Manager and President of Phoenix As- surance, Ltd., Group KINGAN, GILBERT, Eastern Manager of London and Lancashire Insurance Company and Chief Executive of affiliated companies KLINE, S. CLARENCE, Superintendent of Agencies, Tokio Marine & Fire Insurance Company—__-___-- KOECKERT, F. W., United States Manager Commercial Union Assurance Company Group; member Sub- scribers Actuarial Committee KOENIG, JOHN, Secretary, United States Branch, Royal Exchange Assurance Group KOOP, WILLIAM H., President Great American Insur- ance Company Group KURTH, WILFRED, Chairman of the Board of Home Insurance Company and affiliated companies LANE. O. E., President, Fire Association of Philadelphia Group LAYTON, FRANK D., President of the National Fire Insurance Company Group LERCH, W. L., cunt of the Underwriters Grain Association -.......----- LONG, JR., GEORGE | C., President of the Phoenix In- surance Company Group LUCE, F. B., Vice President of the Semnbiien Wash- ington Insurance Company MAASEN, F. W., Auditor of London Assurance Cor- poration Group... MARTIN, FRANK B., , formerly with Vectaiiee Insur- ance Company Group ... ieee. 3 xXxXIX Vol. Page xxx Invex II MARTIN, RONALD R., United States Manager Atlas Insurance Company McCAIN, W. R., President of the Aetna Insurance Com- pany Group McCORMACK, A. L., in the insurance business......... roe McKOWN, J. C., Secretary, St. Paul Fire & Marine In- surance Company and Mercury Insurance Company MOECKEL, LOUIS, Supervisor of the Statistical De- partment of Continental Insurance Company Group... MOORE, THOMAS C., Vice President and Manager Potomac Insurance Company NOURSE, EVERETT W., United States Manager London Assurance Corporation Group..................-.--.- PARSONS, J. L., President of Crum & Forster .............. PLESSNER, THEODORE, President of Northern Insurance Company... ¢ POWRIE, A. F., Manager, Western Department, Fire Association of Philadelphia Group. REEKIE CHARLES A., Vice President and Secretary, Detroit Fire & Marine Insurance Company... REILLY, W. R., Assistant Secretary, Dubuque Fire & Marine Insurance Company REMAK, GUSTAVUS, JR., President, Insurance Com- pany of the State of Pennsylvania RODGERS, JOHN J. P., Vice President and Treasurer of Insurance Company of the State of Pennsylvania SAFFORD, ROBERT D., Vice President and Assistant Secretary of The Travelers Fire Insurance Company SCHLESINGER, FRANK A., Treasurer of Springfield Fire and Marine Insurance Company Group. SHALLCROSS, CECIL F., United States Manager of North British & Mercantile Insurance Company Group SIEDELL, C. A., Secretary, Stuyvesant Insurance Com- pany SMALLEY, FRANK M., President, Glens Falls Insur- ance Company. SMART, J. D., President of the New Hampshire Fire Insurance Company Group. SMITH, CHARLES H., Assistant General Agent Hartford Fire Insurance Company and Citizens Insurance Company; member of Subscribers Actuarial Committee SMITH, CLYDE P., Secretary of the Hartford Fire Insurance Company. Vol. Page II 1 Ii 331 Ill 228 I 165, 204 Il 305 I 529 II 122 Ill 317 ae 145 I 109 I 212 I 228 II 220 II 225 lll 21-25 Il 43 II 528 II 342 II 28 II 31 mi 115 I 334 30 ees Invex II SOMMERS, PAUL B., amend American Insurance Company Group... pie Saciaiienanainle SWALLOW, GEORGE * W., Sentenes -Treasurer of the New Hampshire Fire, and ae of the Granite State Fire Insurance Company... es idanee TALCOTT, WILLIAM H., Auditor of ‘sootties “Union and National Insurance Company... cacao TAMBLYN, A. T., President of ciel “Fire Insur- ance Company (Chicago Fire & Marine and Presi- dential Fire & Marine)... ae FEI BiG ee TERRY, PAUL W., Manager of the + ieee i Ingpetion Bureau . paiineeaes eee THOMAS, JOHN M., ‘Paiees of 1 National Union Fire Insurance Company... TREGASKIS, OSWALD, . United States Manager of Sun Insurance Office, and President Patriotic Insurance Company .......--.. ---- : VAN HORNE, JOHN R., Secretary, " Globe & ; Seon Insurance Company... a VREELAND, JOHN H., United States Silene of Scot- tish Union and National Insurance Company, and President of American Union Insurance Company... WALDRON, RAYMOND, Vice President of Detroit Fire & Marine Insurance Company... so si inevadaaueoniabedes WARNER, HAROLD, President of the » Royal } Insurance Company Group WATERMAN, H. F., Secretary, Agricultural Insur- ance Company WEIGEL, ROBERT C., Secretary and Comptroller of the Rhode Island Insurance Company Group......_.. WEISER, S. F., Secretary, Dubuque. Fire and Marine Insurance Company and National Reserve Insur- WHITMAN, HENRY P., Vice President of the Phoenix Insurance Company Group............----- WILKINS, HERMAN L., former Secretary and Treasurer of Importers & Exporters Insurance Company............ WILLIAMS, WALTER D., former President of Security Insurance Company, and East and West Insurance Company; member of ——— Actuarial Com- I iccinncionnnicsinsncencensccmncii WYATT, HENRY J., Vice President of Crum & Forster Group.. : XXXI Vol. Page II 131 II 126 III 152 II 299 Ill 372 II 243 Il 16 I 453 II 461 I 206 lil 351 Il 54 Ill 1 I 213 III 127 II 100 I 70 II 162 pany American Eagle Fire Insurance Company American Union Insurance Com- pany of New York Atlas Assurance Company, Ltd. Automobile Insurance Company of Hartford, Connecticut Bankers & Shippers Insurance Company Boston Insurance Company British America Assurance Com- pany Caledonian Insurance Company California Insurance Company Camden Fire Insurance Associa- tion Central States Fire Insurance Company Chicago Fire and Marine Insur- ance Company Citizens Insurance Company City of New York Insurance Com- Columbia Fire Insurance Com- pany Joseph K. Hooker Laurens R. Bowden F. M. Dominick I. Lloyd Greene William R. Hedges Henry J. Wyatt J. L. Parsons Robert R. Clark F. W. Koeckert John F. Gilliams George C. Long, Jr. Henry P. Whitman A. T. Tamblyn Charles H. Smith R. M. Bissell Clyde P. Smith Wilfred Kurth T. J. Irvine Paul B. Sommers Br@es ta] Se dn See. . =) a =) 3 Se Ha. nBBR «88s San nl i=) _ as? The Eagle Fire Company of New York le Star and British Dominions Company East and West Insurance Com- pany Equitable Fire and Marine In- surance Company Federal Union Insurance Com- pany Fidelity Phenix Fire Insurance Company Fire Association of Philadelphia Fireman’s Fund Insurance Com- pany Firemen’s Insurance Company Louis W. H. Emes B. M. Culver William H. Koop Raymond Waldron Charles A. Reekie William H. Koop S. F. Weiser W. R. Reilly Hart Darlington Harry G. Casper Walter D. Williams George C. Long, Jr. Henry P. Whitman I 7 Il 84 Il = 127 I 462 I = 351 = Il 305 I 326 lt = 397 ia ae I 363 HI 423, 436 a a I 249 m6 4 I 20 1 305 Tl 326 mr = 397 -— I 136 m 865 Girard Fire and Marine Insur- ance Company Glens Falls Insurance Company Globe and Rutgers Fire Insur- ance Company Granite State Fire Insurance Company Guaranty Fire Insurance Com- pany of Providence Hanover Fire Insurance Company Hartford Fire Insurance Company Home Fire & Marine Insurance Company Home Insurance Company Hudson Insurance Company Imperial Assurance Company Importers and Exporters Insur- ance Company Insurance Company of North America Insurance Company of the State of Pennsylvania Law Union and Rock Insurance Company, Ltd Liverpool and London and Globe Insurance Company, Ltd. London Assurance Corporation London and Lancashire Insur- ance Company, Ltd. London and Provincial Marine and General Insurance Com- pany, Ltd. London and Scottish Assurance Corporation, Ltd. Lumbermen’s Insurance Company Manhattan Fire and Marine In- surance Company Invex III Name of Witness Herbert A. Clark John R. Cooney Frank M. Smalley John R. Van Horne Fred A, Hubbard J.D. Smart * George W. Swallow William H. Koop Robert C. Weigel Fred A. Hubbard Charles H. Smith R. M. Bissell Clyde P. Smith S. M. Buck Wilfred Kurth George S. Allen T. J. Irvine Herman L. Wilkins John R. Barry Sheldon Catlin Gustavus Remak, Jr. John J. P. Rodgers Carsten Claussen Gilbert Kingan Harold T. Cartlidge Harold Warner Everett W. Nourse F. A. Maasen Carsten Claussen Gilbert Kingan Frank B. Martin Robert P. Barbour A. F. Powrie O. E. Lane Everett W. Nourse F. A. Maasen William H. Koop Herbert A. Clark John R. Cooney XXXV Vol. Page I 249 Ill 14 II 37 I 453 Il 7 Ill 115 Ill 126 I 393 lll 1 II 7 I 334 Il 442 Ill 30 I 231 I 422 II 153 II 200 II 100 Il 117 II 271 II 220 II 225 III 21-25 I 317 III 18 I 462 351 II 122 Il 343 I 317 Ill 18 I 190 I 337 I 109 I 363 III 424 II 122 II 343 I 393 I 249 II 14 XXXVI Mechanics and Traders Insurance Company Merchants Insurance Company Merchants Fire Assurance Cor- poration of New York Merchants Fire Insurance Com- pany Mercury Insurance Company Michigan Fire and Marine In- surance Company Milwaukee Mechanics Insurance Company Minneapolis Fire and Marine In- surance Company National Ben Franklin Fire In- surance Company National Fire Insurance Com- pany of Hartford National Liberty Insurance Com- pany of America National Reserve Insurance Com- pany National Security Fire Insurance Company National Union Fire Insurance Company Newark Fire Insurance Company New England Fire Insurance Company New Hampshire Fire Insurance Company New Jersey Insurance Company New York Underwriters Insur- ance Company Niagara Fire Insurance Company Northern Assurance Company, Ltd. Northern Insurance Company North River Insurance Company Northwestern Fire and Marine In- surance Company Invex III Name of Witness H. Bell D. Layton Robert C. Weigel Walter F. Brady G. N. Gardner J. C. McKown C. A. Dosdall John C. Harding Bernard E. Hobart F. A. Schlesinger Herbert A. Clark John R. Cooney George C. Long, Jr. Henry P. Whitman Herbert A. Clark John R. Cooney George H. Bell Freak D. Layton Wilfred Kurth S. F. Weiser W. R. Reilly Sheldon Catlin John M. Thomas Harold T. Cartlidge Harold Warner John C. Harding Bernard E. Hobart F. A. Schlesinger J. D. Smart George W. Swallow Laurens R. Bowden R. M. Bissell Clyde P. Smith E. A. Henne Louis Moeckel W. H. Emes B. M. Culver Robert P. Barbour Theodore Plessner Henry J. Wyatt J. L. Parsons R. M. Bissell Clyde P. Smith Vol. Page I 136 Ill 75 Ill 1 I 371 ll 297 I 165, 204 I 168 III 430 I 279 I 300 Il 528 I 249 III 14 Ill 84 Ill 127 I 249 Ill 14 I 136 III 75 I 422 III 434 I 213 I 228 II 271 II 428 II 243 I 462 III 351 San. faa BB sHH - N I 337 I 145 I 162 Il 317 It 442 Nl 30 co EL CaaS oe ee Invex III Norwich Union Fire Insurance Society, Ltd. Old Colony Insurance Company Orient Insurance Company Pacific Fire Insurance Company Palatine Insurance Company, Ltd. Patriotic Insurance Company of America Philadelphia Fire and Marine In- surance Company Phoenix Assurance Company, Ltd. Phoenix Insurance Company See Stipulation, Vol. III, page 536. Potomac Insurance Company of the District of Columbia Presidential Fire and Marine la- surance Company Providence Washington Insurance Company Provident Fire Insurance Com- pany Queen Insurance Company of America Reliance Insurance Company of Philadelphia Rhode Island Insurance Company Royal Exchange Assurance Royal Insurance Company, Ltd. Safeguard Insurance Company St. Paul Fire and Marine Insur- ance Company Scottish Union and National In- surance Company ty Insurance Company of New Haven Sentinel Fire Insurance Company Springfield Fire Insurance Com- pany of Connecticut Standard Fire Insurance Company of Connecticut Name of Witness Hart Darlington F. M. Dominick I. Lloyd Greene William R. Hedges Carsten Claussen Gilbert Kingan Laurens R. Bowden F. W. Koeckert Oswald Tregaskis Sheldon Catlin T. J. Irvine George C. Long, Jr., Henry P. Whitman Thomas C. Moore William C. Dent A. T. Tamblyn John R. Cashel F. B. Luce John Koenig Harry Halprin E. W. Elwell Harold T. Cartlidge Harold Warner A. F. Powrie O. E. Lane Robert C. Weigel John Koenig Harry Halprin E. W. Elwell Harold T. Cartlidge Harold Warner Carsten Claussen Gilbert Kingan J. C. McKown C. A. Dosdall J. H. Vreeland William H. Talcott Walter D. Williams John C. Harding Bernard E. Hobart F. A. Schlesinger John C, Harding Bernard E. Hobart F. A. Schlesinger Joseph K. Hooker XXXVII Vol. Page Il 288 II 490, 510 Il II 517 I 317 Ill 18 Il 75 I 495 Il 16 Il 271 III 429 Il 200 Ill 84 Ill 127 I 529 II 264 II 299 I 315 Il 519 II 68 Il 93 Ill 415 I 462 Ill 351 I 109 I 363 Til 425 Il 1 II 68 II 93 Ill 415 I 462 III 351 I 317 III 18 I 165-204 I 168 Ill 431 II 461 Til 152 I 70 I 279 I 300 II 528 I 279 I 300 II 528 Ill 130 XXXVIII Standard Fire Insurance Com- pany of New Jersey oy Insurance Company of Amer- ca State Assurance Company, Ltd. Stuyvesant Insurance Company Sun Insurance Office, Ltd. Superior Fire Insurance Com- pany Svea Fire and Life Insurance Company Tokio Marine and Fire Insurance Company, Ltd. Transcontinental Insurance Com- pany Travelers Fire Insurance Com- pany Twin City Fire Insurance Com- pany Underwriters Grain Association Union Assurance Society, Ltd. Union Fire Insurance Company tigulation, fiom, Vol vere? “eo Company ae Philadelphia United States Fire Insurance Company United States Merchants and Shippers Insurance Company Victory Insurance Company Westchester Fire Insurance Com- pany Western Assurance Company Western Fire Insurance Company World Fire and Marine Insurance Company Yorkshire Insurance Company, Ltd. InveEx III Name of Witness J. F. Breen Harold T. Cartlidge Harold Warner John Koenig Hal E. Ww Bai C. A. Siedel Oswald Tregaskis Herbert A. Clark John R. Cooney George S. Allen S. Clarence Kline R. V. A. Baker a H. Bell D. Layton nn E Robert D. ‘ord R. M. Bissell Clyde P. Smith W. L. Lerch F. W. Koeckert Everett W. Nourse F. W. Maasen T. J. Irvine Henry J. Wyatt J. L. Parsons Henry J. Wyatt J. L. Parsons A. F. Powrie O. E. Lane Henry J. Wyatt J. L. Parsons Henry J. Wyatt J. L. Parsons Ray B. Duboc W. R. McCain Frank B. Martin © & 882 8x 8. InDEx IV INDEX IV Exhibits (Chronologically As to Dates Thereof) 1929-1930 Exhibit 304—Statements from Missouri Inspection Bureau to Western Fire Insurance Company for assessments for the years 1929 and ep cstnenie tibetan SEPTEMBER 2, 1931 Exhibit 306—Letter from Missouri Inspection Bureau to Western Fire Insurance Company, dated Sep- tember 2, 1931..........--.. ; 1933-1934 Exhibit 305—Statements from Missouri Inspection Bu- reau to Western Fire Insurance Company for assess- ments for the years 1933 and 1934 and premium report to Missouri Inspection Bureau, dated March 21, 1933 FEBRUARY 8, 1935 Exhibit 16—Extract from Minutes of Meeting of Ac- tuarial Committee, February 8, 1935............---- MARCH 12, 1935 Exhibit 307—Copy of letter from Hicks & Folonie, dated March 12, 1935, to C. R. Street, Chairman............---- MARCH 19, 1935 Exhibit 17—Extract from Minutes of Meeting of Ac- tuarial Committee, March 19, 1935.............------------- ga: APRIL 30, 1935 Exhibit 26—Extract from Minutes of Meeting of Ac- tuarial Committee, April 30, 1935... MAY 1, 1935 Exhibit 205—List of companies in Federal Court cases showing amounts impounded to May 1, 1935_......... Exhibit 283—Memorandum re Total Impounded Pre- miums of Aetna Insurance Company group to May Be Fi eccerneereenntres os MAY 2, 1935 Exhibit 5—Check of Continental Insurance Company, payable to Chas. R. Street, ‘Chairmen, dated May 2, 1935, amount $15,000.00 = Exhibit 94—Check of Home Insurance Company, dated May 2, 1935, payable to Chas. R. Street, Chairman, amount $15,000.00... aie LL caulinonacentee fond Vol. Page III 265-272 III 281-282 III 274-280 I 98 It 294 I 98 I 108 II 362-364 Ill 144 I 46 I 428 XL InpEx IV Exhibit 96—Order by Mr. Kurth for check payable to C. R. Street, Chairman, dated May 2, 1935, amount $15,000.00 Se Exhibit 97—Order for check payable to C. R. Stree Chairman, dated May 2, 1935, amount $15,000.00... Exhibit 99—(Plaintiff’s Exhibit 1) Page from Cash Book of Home Insurance Company dated May 2, 1935 Exhibit 103—Check requisition of Royal Insurance Company, dated May 2, 1935, payable to C. R. Street, Chairman, amount $10,000.00 m= Exhibit 104—Check of Royal Insurance Company, dated May 2, 1935, payable to C. R. Street, Chairman, amount $10,000.00. Exhibit 109—Check of Commercial Union Assurance Company, dated May 2, 1935, payable to C. R. Street, Chairman, amount $7,500.00 ee Exhibit 111—Page from Cash Book of Commercial Union Assurance Company, dated May 2, 1935 Exhibit 112—Ledger sheet of Commercial Union As- surance Company, entitled “National and Local Boards,” dated May 2, 1935 iy Exhibit 167—Check of Crum & Forster, dated May 2, 1935, payable to Charles R. Street, Chairman, amount $5,000.00 Exhibit 168—Memorandum dated May 2, 1935, showing distribution of $5,000.00 among companies of Crum & Forster Group Exhibit 169—Carbon copy of check and office voucher of Crum & Forster, dated May 2, 1935, payable to Charles R. Street, Chairman, amount $5,000.00 Exhibit 326—Check requisition of Continental Insurance Company, dated May 2, 1935, payable to Chas. R. Street, Chairman, for $15,000.00................--------------- MAY 3, 1935 Exhibit 210—Letter from Mr. Clark to Mr. George C. Long, dated May 3, 1935 : Exhibit 214—Check of Caledonian Insurance Company, dated May 3, 1935, payable to Charles R. Street, Chairman, amount $2,000.00 Pee ee Exhibit 218—Check of Hartford Fire Insurance Com- pany, dated May 3, 1935, payable to C. R. Street, Chairman, amount $10,000.00 4 Exhibit 220—Check of Scottish Union and National Insurance Company, dated May 3, 1935, payable to R. J. Folonie, Attorney, amount $4,000.00. eee’ InpEx IV Exhibit 221—Receipt of C. R. Street, Chairman, to Scottish Union & National Insurance Company, dated May 3, 1935. Exhibit 254—Check of The Sevens ‘Fire Insurance Company, dated May 3, 1935, amount $2,000.00, to Charles R. Street, Chairman .............----------------------------- Exhibit 260—Letter from Mr. Safford to George C. Long, dated May 3, 1935......... Exhibit 262—Letter from Mr. Bissell to Mr. Long, dated May 3, 1935... SE aeeere Exhibit 263—Letter oan “Mr. Safford to Mr. ene, dated May 3, 1935 ...........-----—---—-------------------- Exhibit 264—Letter from Mr. Clark, =e to Mr. Long, dated May 3, 1935 .. 2 Exhibit 321—Check of poy fampenee Cumpuy. payable to Charles R. Street, Chairman, amount dosh 000.00, dated May 3, 1935... Pee ne et ccodeeain MAY 4, 1935 Exhibit 261—Memorandum prepared by Alfred Stin- son, dated May 4, 1935.. Exhibit 265—Letter from Alfred Stinson to Mr. Lene, dated May 4, 1935..........-.----—--—- Exhibit 266—Letter from Mr. Long to Mr. Street, dated May 4, 1935... Exhibit o78a—Check of " Automebile Insurance Cun- pany, payable to C. R. Street, Agent, dated May 4, 1935, amount $3,500.00 Exhibit 278c—Endorsement on Check of " Rutemaiiie Insurance Company Exhibit 278a_..... Exhibit 279—Check requisition of Automobile Insurance Company of Hartford, to Cc. R. Street, Chairman, dated May 4, 1935, amount $3,500.00... Exhibit 281—Voucher No. 42 of Autiedlin “Seenounes Company, for check payable to C. R. Street, Chair- _man, for $3,500.00, dated May 4, 1938_........—------- Exhibit 282—Letter of transmittal from “Alfred Stinson to George C. Long, dated May 4, 1935... i Exhibit '287—Page No. 39 from Journal of “Autemnetlle Insurance Company, dated May 4, , Exhibit 295—Check of Phoenix Insurance Company, payable to R. J. Folonie, Attorney, dated May 4, 1935, amount $6,500.00... wf eee Ene MAY ‘1935 Exhibit 33—Check of National Fire Insurance Company, dated May 7, 1935, to Hicks & —- Attorneys, amount $5,000.00... peso Ae Vol. Il Ill Ill Ill Ill Ill Ill Il 342 74 InpDEx IV MAY 9, 1935 Exhibit 82—Check requisition of Great American In- surance Company, dated May 9, 1935, payable to R. J. Folonie, Attorney, amount $10,000.00. Exhibit 84—Check of Great American Insurance Com- pany, dated May 9, 1935, payable to R. J. Folonie, Attorney, amount $10,000.00. Exhibit 293—Page No. 14 from Cash Receipts book of firm of Hicks & Folonie, entitled “Cash Receipts,” dated May 9, 1935. Exhibit 296—Statement from C. R. Street to Income Tax representatives relative to $100,000.00_...........--.. MAY 10, 1935 Exhibit 294—Page No. 14 from Cash Disbursements book of firm of Hicks & Folonie, entitled “Cash Dis- bursements,” dated May 10, 1935... MAY 16, 1935 Exhibit 86—Telegram from C. R. Street to Mr. Koop, dated May 16, 1935. Exhibit 87—Telegram from W. H. Koop to C. R. Street, dated May 16, 1935 Exhibit 88—Telegram from Mr. Koop to Street, dated May 16, 1935. ae Exhibit 89—Memorandum from Mr. Erskine to Mr. Koop, dated May 16, 1935 Exhibit 91—Telegram from Mr. Erskine to Mr. Street, dated May 16, 1935. Exhibit 217—Copy of telegram from Mr. Street to Mr. Long, dated May 16, 1935 Exhibit 267—Photostatic copy of telegram from Mr. Street to Mr. Long, dated May 16, 1935 Exhibit 268—Photostatic copy of telegram from H. P. Whitman to C. R. Street, dated May 16, 1935 Exhibit 269—Photostatic copy of telegram from C. R. Street to George C. Long, dated May 16, 1935 Exhibit 270—Copy of letter from Ross McCain to Mr. Street, dated May 16, 1935 Exhibit 271—Photostatic copy of telegram from Mr. Long to Mr. Street, dated May 16, 1935 MAY 17, 1935 Exhibit 90—Letter from Mr. Erskine to Mr. Street, dated May 17, 1935 Exhibit 92—Telegram from Mr. Erskine to Mr. Stree dated May 17, 1935 eal I InpEx IV MAY 18, 1935 Exhibit 2—Memorandum Agreement (settlement agree- ment) dated May 18, 1935, between R. Emmet O’Malley and Charles R. Street MAY 23, 1935 Exhibit 93—Telegram from Mr. Street to Mr. Koop, dated May 23, 1935 MAY 27, 1935 Exhibit 255—Memorandum from Robert D. Safford to Auditor Flynn, dated May 27, 1935. MAY, 1935 Exhibit 288—Sheet No. 46 from Journal of Automobile Insurance Company, for month of May, 1935... JUNE 12, 1935 Exhibit 115—Circular letter from Missouri Inspection Bureau to agents, dated June 12, 1935... JUNE, 1935 Exhibit 324—Memorandum for Journal Entry, dated June, 1935, Royal Insurance Company... JULY 9, 1935 Exhibit 18—Extract from Minutes of meeting of Actuarial Committee, dated July 9, 1935 OCTOBER 1, 1935 Exhibit 19—Extract from Minutes of meeting, Actuarial Committee, dated October 1, 1935. NOVEMBER 27, 1935 Exhibit 20—Extract from Minutes of Meeting of Actuarial Committee, dated November 27, 1935 Exhibit 2l1—Extract from Minutes of Meeting of Actuarial Committee, dated November 27, 1935 DECEMBER 7, 1935 Exhibit 330—Certified copy of Final Judgment of Aetna vs. O’Malley, December 7, 1935....... Exhibit 332—Final Judgment, a” vs. Patriotic In- surance Company, December 7, 1935... DECEMBER 18, 1935 Exhibit 198—Memorandum prepared by Mr. Moeckel, , dated December 18, 1935 : XLII Vol. Page I 27 I 413 Ill 53 III 149 I 530 III 356 I 99 I 101 I 102 I 104 Ill 474-511 III 513-515 Inpex IV DECEMBER 27, 1935 Exhibit 219—Letter from Mr. Bissell to A. G. Dugan, dated December 27, 1935. MISCELLANEOUS YEAR 1935 Exhibit 207—List of Trustees of Insurance Executives Association in 1935 Exhibit 289—Page entitled “Legal Expense” Account No. 97, for year 1935, Automobile Insurance Company JANUARY 16, 1936 Exhibit 331—Copy of Certificate of Satisfaction of Judgment, dated January 16, 1936. FEBRUARY 1, 1936 Exhibit 3—Decree dated February 1, 1936, entered in each cause FEBRUARY 4, 1936 Exhibit 105—Letter from Subscribers Actuarial Com- mittee to companies, dated February 4, 1936 FEBRUARY 7, 1936 4—Declaration of Trust dated February 7, 1936, Exhibit executed by Charles R. Street and Robert J. Folonie FEBRUARY 18, 1936 Exhibit 250—Letter from Mr. Rodgers to Subscribers Actuarial Committee, dated February 18, 1936 ca . FEBRUARY 19, 1936 Exhibit 252—Letter from Mr. Rodgers to Subscribers Actuarial Committee, dated February 19, 1936 FEBRUARY 24, 1936 Exhibit 184—Letter of Hicks & Folonie to Mr. Rodgers, dated February 24, 1936 FEBRUARY 26, 1936 Exhibit 256—Memorandum from Mr. Safford to Mr. Flynn, dated February 26, 1936 MARCH 9, 1936 Exhibit 35—Letter from C. R. Street and R. J. Folonie, Trustees, to St. Paul Fire & Marine Insurance Com- pany, dated March 9, 1936 Exhibit 52—Letter from C. R. Street and R. J. Folonie, Trustees, to Mr. Clark, dated March 9, 1936 III 511-512 InDEX IV MARCH 12, 1936 Exhibit 27—Copy of letter from Mr. Powrie to O. E. Lane, dated March 12, 1936 MARCH 13, 1936 Exhibit 28—Voucher receipt to Fire Association of Philadelphia by C. R. Street, Chairman, dated March 13, 1936 as Exhibit 28a—Check of Fire Association of Philadelphia, dated March 13, 1936, to C. R. Street, for $1,712.82... Exhibit 29—Letter from Mr. Powrie to C. R. Street, trans- mitting check for $1,712.82, dated March 13, 1936... Exhibit 37—Letter to C. R. Street from C. A. Dosdall, dated March 13, 1936................................. Exhibit 39—Cancelled check of St. Paul Fire & Marine Insurance Company, dated March 13, 1936, payable to C. R. Street and R. J. Folonie, Trustees, amount $1,483.84 Exhibit 40—Cancelled check of Mercury Insurance Com- pany, dated March 13, 1936, to C. R. Street and R. J. Folonie, Trustees, amount $478.94 Exhibit 53—Memorandum from Mr. Clark to Miss Bircher OI BIS. MARCH 17, 1936 Exhibit 10—Letter from C. R. Street to Walter D. Wil- liams, dated March 17, 1936 Exhibit 11—Letter from C. R. Street to Walter D. Wil- liams, dated March 17, 1936 Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated March 17, 1936 MARCH 18, 1936 Exhibit 64—Check of Underwriters Grain Association, dated March 18, 1936, payable to C. R. Street, Agent, amount $2,070.98.. MARCH 19, 1936 Exhibit 43—Check of Detroit Fire & Marine Insurance Company, dated March 19, 1936, issued to C. R. Street, Agent, amount $897.43 Exhibit 65—Letter from C. R. Street to W. L. Lerch, dated March 19, 1936 MARCH 20, 1936 Exhibit 140—Check of Glens Falls Insurance Company, dated March 20, 1936, payable to C. R. Street, Agent, for $2,877.38 XLV Vol. Page I II 174 181 310 312 XLVI | ae IV Exhibit 141—Order for anne to c. R. Street, Agent, dated March 20, 1936, amount $2,877.38 Exhibit 142—Letter of Glens Falls Insurance Company to Mr. J. D. Erskine, dated March 20, 1936............--.---- Exhibit 187—Check requisition of National Union Fire Insurance Company, dated March 20, 1936... ; MARCH 21, 1936 Exhibit 110—Check of Commercial Union Assurance Company, dated March 21, 1936, issued to C. R. Street, Agent, amount $8,281.67 -Exhibit 114—Ledger account entitled. “Legal Expenses” Commercial Union ‘Assurance Company, dated March - 21, 1936 Exhibit 143—Check of Agricultural Insurance Compaiiy, dated March 21, 1936, payable to C. R. Street, Agent, amount $2,049.89; ee a © R. Street, Agent Exhibit 145—Letter of Mr. Waterman to C. R: Street, dated March 21, 1936 Exhibit 161—Check requisition of American Sapesemee Company, dated March 21, 1936. Exhibit 162—Check of American Insurance ‘aon, dated March 21, 1936, to C. R. Street, amount $9,719.03 Exhibit 170—Check of Crum & Forster, dated March 21, 1936,. to C. R. Street, Agent, amount $6,419.41; also memorandum prepared by Mr. Haid. Exhibit 171—Copy of check and office voucher of .Crum & Forster, dated March 21, 1936, payable to C. R. Street, Agent, amount $6,419.41 Exhibit 179—Page from Cash Book of Phoenix ~ _ surance Company, dated March 21, 1936... sili Exhibit 180—Page from Cash Book of Phoenix itp . surance Comipany, ‘opposite Exhibit 179_. wat Exhibit 183—Page 177 of Cash. Book ot ‘feewemnee Company of the State of ieenet mes dated March 21, 1936... Exhibit 199—Letter of Mr. Swen ‘a “Mr. "Haid, “Metal March 21, 1936... os Exhibit 200—Letter ‘a “yy ‘Gin to = “Sie dated March 21, 1936... : Exhibit 226—Letter of Mr. ‘Penta: | to te. ‘ten “-, dated March 21, 1936 Exhibit 228—Letter from Mr. Dominick to Mr. “Haid, dated March 21, 1936... meee Exhibit 228a—Check of eaten aunenin: ‘Gneieas. dated March 21, 1936, to C. R. Street, eitecenal amount 5, eee : Vol. Page I, II 46 53 259 InpEx IV Exhibit 229—Memoranda prepared ty Mr. Greene, dated March 21, 1936 Exhibit 274—Check of New Hampshire Fire Insurance Company to C. R. Street, Agent, amount $4,652.18, dated March 21, 1936 eae Exhibit 275—Memorandum of telephone conversation from Paul L. Haid to J. D. Smart, dated March 21, 1936 Exhibit 276—Letter from Mr. Swallow to Mr. Paul L. Haid, dated March 21, 1936 Exhibit 327—Check of The Continental Insurance Company, dated March 21, 1936, to Cc. R. Street, Agent, amount $22,323 12 Exhibit 328—Check requisition of The Continental In- surance Company of New York, dated March 21, 1936, to order of C. R. Street, Agent, amount $22,323.12 MARCH 23, 1936 Exhibit 12—Check issued by Security Insurance Com- pany, payable to C. R. Street, Agent, dated March 23, 1936, amount $2,960.75 Exhibit 13—Check issued by East and West Insurance Company, dated March 23, 1936, payable to C. R. Street, Agent, amount $1,302.56 Exhibit 15—Letter transmitting checks to Mr. C. R. Street, dated March 23, 1936 Exhibit 70—Memorandum by Mr. Barbour, dated March 23, 1936 Exhibit 71—Check of Northern Assurance Company, dated March 23, 1936, issued to C. R. Street, Agent, amount $4,910.48. : Exhibit 95—Check of Home Insurance Company Special Account No. 3, dated March 23, 1936, payable to C. R. Street, Agent, amount $28,682.14 Exhibit 95a—Check of National Liberty Insurance Com- pany of America, Special Account No. 3, payable to C. R. Street, Agent, dated March 23, 1936, amount $4,260.39 _. Exhibit 98—Order for check to C. R. Street, Agent, dated March 23, 1936, amount $28,682.14 Exhibit 100—Memorandum from Mr. Van Horne to George C. Bowers, dated March 23, 1936_............ ' Exhibit 101—Check of Globe & Rutgers Insurance Company, dated March 23, 1936, payable to C. R. Street, Agent, amount $2,852.81 Exhibit 102—Check requisition dated March 23, 1936, to C. R. Street, Agent, amount $2,852.81... a Vol. Ill Ill Ill Ill XLVIII InpEx IV Exhibit 106—Memorandum as to impoundings Royal Insurance Company Group, March 23, | Eee Exhibit 107—Memorandum from Paul L. Haid to Mr. Warner, March 23, 1936 Exhibit 108—Order for check dated March 23, 1936, payable to C. R. Street, Agent, amount $12,200.40 Exhibit 120a—Check of Atlas Assurance Company, Ltd., dated March 23, 1936, to C. R. Street, Agent, for $2,159.17 Exhibit 121—Check Hanover Fire Insurance Company, dated March 23, 1936, payable to R. J. Folonie, Agent, for $4,116.48 Exhibit 122—Letter from Vice President of Hanover Fire Insurance Company to C. R. Street, Trustee, dated March 23, 1936. Exhibit 123—Letter from Mr. Coffill to Mr. Nelson, dated March 23, 1936 = Exhibit 136—Check requisition, Patriotic Insurance Company, to R. J. Folonie, Agent, dated March 23, 1936, amount $249.31 Exhibit 137—Check of Patriotic Insurance Company, dated March 23, 1936, payable to R. J. Folonie, Agent, amount $249.31 Exhibit 138—Check requisition by Sun Insurance Office, payable to R. J. Folonie, Agent, dated March 23, 1936, amount $3,591.06 Exhibit 139—Check of Stuyvesant Insurance Company, dated March 23, 1936, payable to C. R. Street, amount $1,171.41 Exhibit 144—Letter from C. R. Street to Mr. Waterman, dated March 23, 1936 i Exhibit 154—Check of Royal Exchange Assurance dated March 23, 1936, to C. R. Street, for $6,385.31... Exhibit 160—Check of London Assurence dated March 23, 1936, to Charles R. Street, Agent, for $3,493.96... Exhibit 164—Check of Northern Insurance Company, dated March 23, 1936, to C. R. Street, Agent, for $3,639.20 - Exhibit 175—Check of Phoenix Assurance Company Ltd., of London, dated March 23, 1936, to C. R. Street, Agent, for $5,226.18 Exhibit 176—Memorandum showing proration of pay- ment borne by each member of the group-—...........--- Exhibit 177—Memorandum prepared by Mr. Irvine, dated March 23, 1936..............----------- Exhibit 178—Letter of Mr. Cunningham to Mr. Erskine, dated March 23, 1936 ........------------------------ RAL. a ee: Il InpEx IV Exhibit 186—Check of National Union Fire Insurance Company, dated March 23, 1936, payable to Charles R. Street, Agent, for $4,019.00. Exhibit 189—Letter from Mr. Thomas to Mr. Street dated March 23, 1936. Exhibit 193—Check requisition of Norwich Union Fire Insurance Society, dated March 23, 1936 Exhibit 194—Check of Norwich Union Fire Insur- ance Society, dated March 23, 1936, to C. R. Street, Agent, for $2,201.37 Exhibit 195—Check requisition of Eagle Fire Company of New York, dated March 23, 1936. Exhibit 196—Check of Eagle Fire Insurance Company, dated March 23, 1936, payable to C. R. Street, Agent, amount $896.60. Exhibit 236—Letter from Treasurer to Paul L. Haid, dated March 23, 1936 Exhibit 239—Check of Springfield Fire & Marine Insur- ance Company, dated March 23, 1936, to C. R. Street, Agent, for $15,821.52 Exhibit 272—Requisition of Camden Fire Insurance Com- pany, dated March 23, 1936, to C. R. Street, Agent, for $2,301.59 Exhibit 273—Check of Camden Fire Insurance Company, dated March 23, 1936, to C. R. Street, Agent, for (bl 2 Exhibit 300—Check of Sun Insurance Office, dated March 23, 1936, payable to R. J. Folonie, Agent, for $3,691.06 Exhibit 322—Check of Aetna Insurance Company, dated March 23, 1936, to C. R. Street, Agent, amount $6,991.95 Exhibit 323—Memorandum prepared by G. H. Grant, Secretary Exhibit 325—Check of Royal Insurance Company, Ltd., dated March 23, 1936, payable to C. R. Street, Agent, amount $12,200.40 ....... ses alation; VoL LiL, page 636. MARCH 2%, 1936 Exhibit 44—Memorandum by Mr. S. F. Weiser, dated March 24, 1936........ Exhibit 45—Copy of letter from H. C. Clark to S. F. Weiser, dated March 24, 1936........... Exhibit 48—Office Memorandum from W. L. Leonard to Mr. Buck, dated March 24, 1936 Exhibit 54—Memorandum from Mr. Clark to Miss Bircher, dated March 24, 1936 xXLIx Vol. Page II 246 II 249 II 292 II 293 II 294 II 295 II §39 II 541 III 113 Ill 114 Ill 203 Ill 343 Ill 350 Ill 365 I 217 I 220 I 234 I 266 L INDEX IV Exhibit 63—Letter from F. A. Schlesinger to John C. Harding, dated March 24, 1936 Exhibit 238—Same as Exhibit 63. Exhibit 66—Check of London & Lancashire Insur- ance Company, dated March 24, 1936, payable to C. R. Street, Agent, for $3,752.55 Exhibit 67—Check of Orient Insurance Company, dated March 24, 1936, payable to C. R. Street, Agent, for $3,506.24 Exhibit 68—Check of Safeguard Insurance Cuneo, dated March 24, 1936, payable to C. R. Street, Agent, amount $495.38... Exhibit 69—Check of Law, Union & Rock ‘enusanee Company, dated March 24, 1936, payable to C. R. Street, Agent, for $1,307.63 Exhibit 72—Check of London & Scottish heme Corporation, dated March 24, 1936, payable to Northern Assurance Company, Ltd., amount $673.33... Exhibit 76—Check of Standard Fire Insurance Company, dated March 24, 1936, payable to C. R. Street, Agent, amount $2,891.02 Exhibit 78—Page 116 of Cash Book of Standard Fire In- surance Company of New Jersey, dated March 24, 1936 Exhibit 83—Check requisition, Great American Insur- ance Company, issued toe C. R. Street, — dated March 24, 1936, amount $5,997.00 _. Exhibit 117—Check of Potomac leewenee ‘Commun, dated March 24, 1936, payable to C. R. Street, Agent, for $2,450.74 Exhibit 118—Photostatic copy of Memorandum from files of Potomac Insurance Company, dated March 24, 1936 Exhibit 119—Requisition for check, Potomac Insurance Company, dated March 24, 1936, to C. R. Street, Agent, amount $2,450.74. AEE IID SE ER ALLE BY, PEER Exhibit 120—Letter from Mr. Barry to Mr. Schoen, dated March 24, 1936.. Exhibit 147—Check of Pacific Fire taswanee Company, dated March 24, 1936, to R. J. Folonie, — amount SES Exhibit 148—Check of ‘Bebe & Siow Seenenes Company, dated March 24, 1936, to R. J. Folonie, Agent, amount $2,060.97... : Exhibit 149—Check of Sew Sacer incense - pany, dated March 24, 1936, — to R. J. WP beacon Agent, amount $1,402.27... ed Vol. Page I 294-295 I 294-295 II II 323 324 325 326 361 390 393 81 INDEX IV Exhibit 150—Check Requisition of Pacific Fire Insurance Company, to R. J. Folonie, dated March 24, 1936_... Exhibit 152—Request for check of New Jersey Insurance Company, dated March 24, 1936 Exhibit 153—Journal page of Pacific Fire Insurance Com- pany, entitled “Missouri Impound Custodian,” dated March 24, 1936.. Exhibit 157—Check of Eagle Star & British Dominions Insurance Company, dated March 24, 1936, to C. R. Street, Agent, amount $1,028.57. Exhibit 158—Voucher of Eagle Star & British Dominions Insurance Company, dated March 24, 1936 Exhibit 159—Page 252 from Cash Book of Eagle Star & British Dominions Insurance Company, dated March 24, 1936 Exhibit 173—Requisition of Yorkshire Insurance Com- pany, dated March 24, 1936, to C. R. Street, Agent, amount $2,455.62. Exhibit 174—Check of Yorkshire Insurance Company, Ltd., dated March 24, 1936, to C. R. Street, Agent, for $2,455.62 Exhibit 182—Check of Insurance Company of the State of Pennsylvania, dated March 24, 1936, to C. R. Street, Agent, amount $1,876.68. Exhibit 190—Disbursement Voucher of Jnsurance Com- pany of North America, dated March 24, 1936 Exhibit 191—Check of Insurance Company of North America, dated March 24, 1936, to C. R. Street, Agent, amount $8,903.39 Exhibit 19la—Check of The Alliance Insurance Com- pany of Philadelphia, dated March 24, 1936, to C. R. Street, Agent, amount $1,077.43 Exhibit 191b—Check of National Security Fire Insur- ance Company, dated March 24, 1936, payable to C. R. Street, Agent, for $552.19 Exhibit 191c—Check of Philadelphia Fire & Marine “a surance Company, dated March 24, 1936, payable to C. R. Street, Agent, amount $2,553.21 Exhibit 192—Page from Cash Book of the Alliance In- surance Company, dated March 24, 1936 Exhibit 233—Check of Providence Washington Insur- ance Company, dated March 24, 1936, to C. R. Street, Agent, amount $2,186.72 Exhibit 237—Memorandum of March 24, 1936, showing 5% of Impoundings Springfield Fire group... Exhibit 251—Memorandum of March 24, 1936, The ~ surance Company of the State of Pennsylvania... LII InDEx IV Exhibit 253—Check of Hartford Fire Insurance Com- pany, dated March 24, 1936, payable to C. R. Street, Agent, amount $25,285.99 Exhibit 258—Memoranda, dated March 24, 1936, for Mr. Ewing Exhibit 278—Check of Automobile Insurance Company, payable to C. R. Street, Agent, dated March 24, 1936, amount $3,158.48 Exhibit 278b—Endorsement on check of Automobile In- surance Company, Exhibit 278... Exhibit 280—Check requisition of Automobile Insur- ance Company, to C. R. Street, Agent, dated March 24, 1936, amount $3,158.48 Exhibit 281—Voucher No. 221 for check payable to C. R. Street, Agent, for $3,158.48, dated March 24, 1936, Automobile Insurance Company of Hartford... Exhibit 284—Inter-office communication dated March 24, 1936, from Mr. Hooker to Mr. Alfred Stinson Exhibit 285—Copy of letter from Mr. Hooker to Mr. Haid, dated March 24, 1936 aes Exhibit 290—Page No. 23 from Journal of Automobile Insurance Company, dated March 24, 1936 Exhibit 297—Check of Pacific Fire Insurance Company, dated March 24, 1936, payable to R. J. Folonie, Agent, for $1,602.17-.. Exhibit 298—Check of Bankers & Shippers Insurance Company, dated March 24, 1936, payable to R. J. Folonie, Agent, amount $2,060.97 Exhibit 299—Check of New Jersey Insurance Company, dated March 24, 1936, payable to R. J. Folonie, Agent, for $1,402.217......._—_-—+ Ssidicippeiee ” MARCH 25, 1936 Exhibit 46—Check of Dubuque Fire & Marine Insur- ance Company, dated March 25, 1936, payable to C. R. Street, Agent, amount $2,910.02... ---------an----nneenseenseereneee Exhibit 47—Check of National Reserve Insurance Com- pany, dated March 25, 1936, payable to C. R. Street, Agent, amount GOTG 0G anne nnc an ennenneenn cen enen reenecrcentnenernennnnee Exhibit 55—Check of Concordia Fire Insurance Com- pany, dated March 25, 1936, payable to C. R. Street, Agent, amount GOGO. BA an eae n anne cennenereevene renner Exhibit 56—Check of Firemen’s Insurance Company, dated March 25, 1936, payable to C. R. Street, Agent, amount $6,162.33 Exhibit 57—Check of Girard Fire and Marine Insur- ance Company, dated March 25, 1936, issued to C. R. Street, Agent, amount $1,820.25 141-142 145 146 InDEx IV Exhibit 58—Check of Mechanics Insurance Company of Philadelphia, dated March 25, 1936, payable to C. R. Street, Agent, amount $387.17 Exhibit 59—Check of Milwaukee Mechanics’ Insurance Company, dated March 25, 1936, payable to C. R. Street, Agent, amount $3,387.72 . ‘ Exhibit 60—Check of National-Ben Franklin Fire new ance Company, dated March 25, 1936, payable to C. R. Street, Agent, amount $1,359.93 Exhibit 61—Check of Superior Fire Insurance Company, dated March 25, 1936, payable to C. R. Street, Agent, amount $1,015.21 Exhibit 73—Memorandum by Mr. Brady, dated March 25, 1936 Exhibit 74—Check of Merchants Fire Assurance Cor- poration, dated March 25, 1936, sii to C. R. Street, Agent, amount $3,012.99... is (SR ree Exhibit 75—Page 125 of the ‘Genuesi ‘Cash Book of Merchants Fire Assurance Corporation, dated March 25, 1936 Exhibit 85—Check of Great American Insurance Com- pany, dated March 25, 1936, payable to C. R. Street, Agent, amount $5,997.00 Exhibit 124—Letter from Mr. Nelson to Mr. Coffill, dated March 25, 1936 Exhibit 151—Memorandum of Receipt of New Jersey In- surance Company, dated March 25, 1936 Exhibit 155—Page from disbursement records of Royal Exchange Assurance, dated March 25, 1936 Exhibit 156—Check of Importers & Exporters Insur- ance Company, dated March 25, 1936, payable to C. R. Street, Agent, for amount $2,482.25 Exhibit 172—Check of Tokio Marine & Fire Insurance Company, dated March 25, 1936, to C. R. Street, Agent, for $1,792.86 Exhibit 227—Receipt of C. R. Street to Old Colony In- surance Company, dated March 25, 1936 Exhibit 227a—Receipt of C. R. Street to Boston Insur- ance Company, dated March 25, 1936... Exhibit 254a—Check of The Travelers Fire Insurance Company, dated March 25, 1936, to C. R. Street, Agent, amount $6,738.21. ol Exhibit 257—Memorandum from Mr. - Safford to Mr. Flynn, dated March 25, 1936................ SEE aa ot i Se Exhibit 259—Letter from Mr. oe! to Mr. Erskine, dated March 25, 1936 - LIII Vol. Page 271 _ ome InpEx IV MARCH 26, 1936 Exhibit 62—Inter-Office communication from B. E. Hobart to George B. Bulkley, dated March 2 See Exhibit 241—Check of Rhode Island Insurance Com- pany to C. R. Street, Agent, dated March 26, 1935, amount $2,938.42. Exhibit 243—Requisition for check for $2,938.42, pay- able to C. R. Street, Agent, March, 1936... Exhibit 244—Letter from Mr. Weigel to Mr. Street, dated March 26, 1936. Exhibit 245—Letter from Mr. Weigel to Mr. Street, dated March 26, 1936 MARCH 27, 1936 Exhibit 34—Check National Fire Insurance Company, dated March 27, 1936, payable to C. R. Street, Agent, amount $13,655.11 Exhibit 49—Carbon Copy of letter from Mr. Buck to Mr. C. R. Street, dated March 27, 1936 Exhibit 50—Check of Home Fire & Marine Insurance Company, dated March 27, 1936, payable to Cc & Street, Agent, amount $5,739.21 Exhibit 51—Check of Firemen’s Fund Insurance Com- pany, dated March 27, 1936, issued to C. R. Street, Agent, for $5,739.21 we Exhibit 222—Check of American Union Insurance Com- pany, dated March 27, 1936, to C. R. Street, Agent, for $1,257.42 Exhibit 223—Check of Scottish Union & National In- surance Company, dated March 27, 1936, to cK Re. Street, Agent, for $414.50 MARCH 28, 1936 Exhibit 246—Letter from Mr. Street to Mr. Weigel, dated March 28, 1936. MARCH 30, 1936 Exhibit 38—Letter to J. C. McKown from C. R. Street, dated March 30, 1936 : Exhibit 201—Letter of Mr. Swan to Mr. Jones, dated March 30, 1936 Exhibit 303—Letter from C. R. Street to Mr. Duboc, dated March 30, 1936 Exhibit 316—Copy of letter from C. R. Street to A. L. Jessup, dated March 30, 1936 Vol. Page Ill InpEXx IV MARCH 31, 1936 Exhibit 36—Disbursement Voucher of Mercury In- surance Company, dated March 31, 1936, and pencil memorandum from C. R. Street Exhibit 4la—Check of Mercury Insurance Company, dated March 31, 1936, to C. R. Street, Agent, for $1,330.35 Exhibit 41b—Check of St. Paul Fire & Marine Insur- ance Company, dated March 31, 1936, payable to C. R. Street, Agent, for $4,121.75 Exhibit 146—Letter of Charles R. Street to Royal Ex- change Assurance, dated March 31, 1936...............-........ Exhibit 181—Page from General Ledger entitled “Ac- count Missouri Impounded Premium Adj. Acc’t” Phoenix Assurance, dated March 31, 1936_................... Exhibit 240—Receipt from C. R. Street, Agent, to Mr. Bulkley, dated March 31, 1936 Exhibit 242—Check of Merchants Insurance Company of Providence, dated March 31, 1936, to C. R. Street, Agent, amount $1,010.90... Exhibit 247—Letter from Collection Manager to Mr. Street, dated March 31, 1936 MARCH, 1936 Exhibit 113—Page 249 from Cash Book for month of March, 1936, Commercial Union Assurance Company... Exhibit 125—Page 313 of the Agency Remittances for month of March, 1936, for Hanover Fire Insurance Company Exhibit 126—Page from Agency Remittances for month of March, 1936, for Hanover Fire Insurance Company Exhibit 127—Page from Cash Book of Hanover Fire Insurance Company for month of March, 1936... Exhibit 128—Page from General Cash Book, Western Department, Hanover Fire Insurance Company, month of March, 1936............ Exihbit 129—Page from General Cash Book, Western Department, Hanover Fire Insurance Company, month of March, 1936... Exhibit 130—Page oon General Cash Book, Hanover Fire Insurance Company, March, 1936... Exhibit 132—Page from General Cash Book, ‘Westem Department, Hanover Fire Insurance — month of March, 1936... Exhibit 135—Monthly Report, Western ‘Depanent, Hanover Fire Insurance a: month of hearin ye Se LV Vol. Page I 172 Ill 430 Ill 431 II 714 Il 209 II 542 II 5 Ill 10 I 528 II 15 II 15 II 15 II 15 II 15 II 15 Il 15 II 15 LVI InDEXx IV Exhibit 163—Check requisition of Columbia Fire In- surance Company, month of March, 1936... Exhibit 291—Sheet No. 27 from Journal of Automobile Insurance Company, month of March, 1936 APRIL 1, 1936 Exhibit 41—Letter from C. A. Dosdall to CR. Street, dated April 1, 1936 Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated April 1, 1936 Exhibit 310—Copy of letter from Mr. Gardner to Mr. Street, dated April 1, 1936 APRIL 2, 1936 Exhibit 42—Letter from C. R. Street to C. A. Dosdall, dated April 2, 1936 Exhibit 165—Check of Svea Fire & Life Insurance Company, dated April 2, 1936, to C. R. Street, Agent, amount $647.91 Exhibit 166—Check of Hudson Insurance Company, dated April 2, 1936, to C. R. Street, Agent, for $615.66 Exhibit 317—Copy of letter from Mr. Jessup to Mr. Street, dated April 2, 1936 Stipulation, Vol. Lil, page 38. aprit £f936 Exhibit 311—Copy of letter from C. R. Street to Mr. Jessup, dated April 4, 1936 Exhibit 312—Copy of letter from Mr. Street to Mr. Gardner, dated April 4, 1936. APRIL 6, 1936 Exhibit 313—Copy of letter from Mr. Jessup to Mr. Gardner, dated April 6, 1936 APRIL 8, 1936 Exhibit 22—Extract from Minutes of Meeting of Ac- tuarial Committee, dated April 8, 1936 Exhibit 308—Check of Merchants Fire Insurance Com- pany, dated April 8, 1936, to C. R. Street, Agent, amount $669.40. Exhibit 309—Remittance Advice, dated April 8, 1936, to C. R. Street, Agent, amount $669.40 Exhibit 314—Copy of letter from Mr. Gardner to Mr. Jessup, dated April 8, 1936 APRIL 9, 1936 Exhibit 315—Copy of letter from Mr. Jessup to Mr. Gardner, dated Apri} 9, 1936 : III Ill INDEX IV APRIL 13, 1936 Exhibit 231—Receipt from Mr. Street to Mr. Dominick, dated April 13, 1936 APRIL 15, 1936 Exhibit 197—Check of Lincoln Fire Insurance Com- pany, dated April 15, 1936, to C. R. Street, Agent, for $694.52. APRIL 16, 1936 Exhibit 6—Letter from Mr. Culver, President, Con- tinental Insurance Company, to Mr. = Vice President, dated April 16, 1936... APRIL 20, 1936 Exhibit 7—Letter from Mr. Jones to Mr. Culver, President Continental Insurance Company, dated April 20, 1936 Exhibit 203—Letter from Mr. Jones to Mr. Culver, dated Ps SES ee APRIL 27, 1936 Exhibit 30—Letter from Charles R. Street to Mr. A. F. Powrie, dated April 27, 1936... APRIL 29, 1936 Exhibit 31—Letter from Mr. Powrie to C. R. Street, dated April 29, 1936, transmitting check, for $5,425.59 Exhibit 3la—Check of Fire Association of Philadelphia, dated April 29, 1936, to C. R. Street, amount $2,929.90 Exhibit 3lb—Check of Lumbermen’s Insurance Com- pany, dated April 29, 1936, to C. R. Street, amount $1,221.22 Exhibit 3lc—Check of The Reliance Insurance Com- pany, dated April 29, 1936, to C. R. Street, for $794.78 Exhibit 31d—Check of The Reliance Insurance Com- pany, dated April 29, 1936, to C. R. Street, for $479.69 APRIL, 1936 Exhibit 302—Check of The Western Fire Insurance Company, dated April, 1936, payable to C. R. Street, Agent, for $1,693.63....... JUNE 4, 1936 Exhibit 230—Letter from Mr. Dominick to Mr. Street, dated June 4, 1936... LVII Vol. Page II 512 II 301 I 51 I 53 II 340 I 131 I 125 III 423 Ill 424 III 425 Ill 426 III 258 II 510 InDEXx IV JUNE 5, 1936 Exhibit 23—Extract from Minutes of Meeting Ac- tuarial Committee, dated June 5, 1936 JUNE 8, 1936 Exhibit 232—Letter from Mr. Street to Mr. Dominick, dated June 8, 1936. JUNE 30, 1936 Exhibit 225b—Carbon copy of page from report of Mis- souri Impounded Premiums as of June 30, 1936... JUNE, 1936 Exhibit 79—Page 65 of the Journal of Standard Fire Insurance Company, dated June, 1936. JULY 10, 1936 Exhibit 225a—Carbon copy of letter from Claussen, Manager, to General Manager, London & Lancashire Insurance Company, dated July 10, 1936 JULY 24, 1936 Exhibit 225c—Memorandum letter from Home Office of London & Lancashire Insurance Company Manager, Chicage, dated July 24, 1936 SEPTEMBER 25, 1936 Exhibit 8—Memorandum of C. R. Street, addressed to the Governing Committee, dated September 25, 1936... OCTOBER 23, 1936 Exhibit 24—Extract from Minutes of Meeting of Ac- tuarial Committee, dated October 23, 1936 OCTOBER 29, 1936 Exhibit 9—Inter-Office communication between Bert R. Jones, Assistant Auditor, and William H. Emes, Auditor, dated October 29, 1936 NOVEMBER 9, 1936 Exhibit 14—Letter from C. R. Street to Mr. Powrie, dated November 9, 1936 Exhibit 32—Letter from C. R. Street to A. F. Powrie, dated November 9, 1936 (original of Exhibit 14)... NOVEMBER 19, 1936 Exhibit 211—Carbon copy of letter from chief ac- countant, Caledonian Insurance Company to Mr. Street, dated November 19, 1936 Inpex IV NOVEMBER 23, 1936 Exhibit 212—Letter of Mr. Street to Mr. Clark, dated November 23, 1936 NOVEMBER 25, 1936 Exhibit 213—Letter from Mr. Clark to Mr. Street, dated November 25, 1936 Exhibit 215—Check of Caledonian Insurance eines dated November 25, 1936, to C. R.. Street, for $495.50 Exhibit 216—Receipt of C. R. Street, yoo to Caledonian’ Insurance Company, amount $495:50 . DECEMBER 8, 1936 . Exhibit 25—Extract from’ Minutes of. ‘Meeting «* of Ac- tuarial Committee, dated December 8, , 1936... YEAR 1936 ’ Exhibit 80—Ledger page éntitled ‘Missouri Supounded Premiums Held by Trustee—Expenses” Standard Fire Insurance Company of New. Jersey, 1936..... Exhibit 208—List of Trustees. of Insurance Executives Association for year 1936. . ue Exhibit 292—Sheet entitled “Legal ipente” Account No. 100, year 1936, Automobile Insurance Company... SEPTEMBER 21, 1937 Exhibit 224—Letter to Scottish Union & National Insurance Company from Internal Revenue — dated September 21, 1937... mae. “tah ae Exhibit 224a—Report of Internal Revenue | Agent en+ closed with Exhibit 224. = Ee oS eolaadiaeite _. . DECEMBER 28, 1937 | Exhibit 301—Letter from C. R. Street to Mr. viene dated December 28, 1937. a ree JULY 15, 1938 Exhibit 286—Letter from Mr. Linde to Mr. hensunds dated July 15, 1938. a a iptoctaaonrin FEBRUARY 24, 1939 Exhibit 329—Report of Robert J. Folonie, insite Trustee, and Ernest A. Henne, Syeseases Trustee, dated reaouaey 24, 1939... aise Ge " MARCH 20, 1939 Exhibit 185—Circular’ letter: of Insurance Executives Association, dated March 20, 1939. a elec LIx Vol. Page II 428 II Il II III 147-148 III 437-472 Lx InpEx IV JUNE 30, 1939 Exhibit 335—Statement of various accounts taken from Custodian’s record as of June 30, 1939—amounts as to each company of the total impounded distribution to the companies; distribution to the Trustees; balance on hand; amount returned to custodian by each company AUGUST 1, 1939 Exhibit 225—Letter from C. Claussen to Homer H. Berger, dated August 1, 1939 AUGUST 3, 1939 Exhibit 234—Certificate of Frederick B. Sweet in re George G. Bulkley, dated August B= —O—— Exhibit 235—Affidavit of George G. Bulkley, dated August 3, 1939 AUGUST 4, 1939 Exhibit 248—Letter from J. P. Rodgers to Paul L. Haid, dated August 4, 1939 Exhibit 249—Letter from J. P. Rodgers to Paul L. Haid, dated August 4, 1939 Exhibit 277—Certificate of Dr. G. Gardiner Russell, in re Alfred Stinson, dated August 4, 1939 AUGUST 26, 1939 Exhibit 318—Copy of letter from Mr. Jessup to Morrison, Nugent, Berger, Byers & Johns, dated August 26, We cnn SEPTEMBER 1, 1939 Exhibit 319—Copy of letter from Mr. Jessup to Morrison, Nugent, Berger, Byers & Johns, dated September 1, Se. sone SEPTEMBER 12, 1939 Certificate of Reporter, dated September 12, 1999....... MISCELLANEOUS Exhibit 1—List of cases pending. Exhibit 77—Memorandum showing impoundings and amount of check of Standard Fire Insurance Com- pany of New Jersey. Exhibit 81—Ledger page entitled “Legal Expenses” Standard Fire Insurance Company Years 1936-1938... Exhibit 133—Page from Ledger of Hanover Fire In- surance Company, entitled “Home Office” Years 1936, 1937 and 1938. Vol. Page Ill 523-531 I 330 530 531 mi 21 mi 22 Ill 133 Il 309 Ill 317 Ill 535 I 9 I 392 I 393 InDEX IV Exhibit 134—Page from Ledger of Hanover Fire Insur- ance Company, entitled “Legal Expenses,” Years 1935-36 Exhibit 204—Extract from Articles of Association of Insurance Executives Association, showing purposes Exhibit 206—List of companies arranged as to groups, showing 11% payment total impounded vaiend and 5% of impounded premiums Exhibit 209—List of companies in Missouri Rate Case in Federal Court not affiliated with Insurance Executives Association Exhibit 320—List of plaintiff companies showing number of each case and group affiliations Exhibit 333—List of plaintiffs not parties to motion for restitution in Aetna vs. Hyde and not parties to the judgment of restitution Exhibit 334—List of companies that were parties plain- tiff in Aetna vs. Hyde, but were not — — in any of the Federal Court cases . ie LXI Vol. Page II 15 II 360 II 366-370 II 408 III 327-331 III 515-516 III 516-517 Bistrict Court of the United States FOR THE WESTERN DISTRICT OF MISSOURI. CENTRAL DIVISION. IN EQUITY. No. 270 {and other pending cases 270 to 426 excepting those dismissed). AMERICAN INSURANCE COMPANY, A CORPORATION, PLAINTIFF, VS. RAY B. LUCAS (SUCCESSOR IN OFFICE TO R. E. O’MALLEY, SUCCESSOR IN OFFICE TO JOSEPH B. THOMPSON), SUPER- INTENDENT OF THE INSURANCE DEPARTMENT OF THE STATE OF MISSOURI, AND ROY McKITTRICK (SUCCESSOR IN OFFICE TO STRATTON SHARTEL), ATTORNEY GENERAL OF THE STATE OF MISSOURI, DEFENDANTS. TRANSCRIPT OF TESTIMONY BEFORE SPECIAL MASTER. Be It Remembered, that pursuant to an order of the District Court of the United States for the Western Dis- trict of Missouri, Central Division, made on the 3rd day of July, 1939, at Kansas City, Missouri, appointing the Honorable Paul Barnett as Special Master to take tes- timony, the above entitled cause came on regularly for hearing before the said Honorable Paul Barnett, Special Master, at ten o’clock a. m. of Thursday, July 27, 1939, in the office of the Western Underwriters Association, 1039 Insurance Exchange Building, in the City of Chicago, County of Cook, and State of Illinois. The Plaintiffs were represented by Messrs. William Marshall Bullitt of Louisville, Kentucky, and Homer H. Berger, of the firm of Morrison, Nugent, Berger, Byers and Johns, of Kansas City, Missouri, their attorneys. APPEARANCES—OFFERS The Superintendent of the Insurance Department of the State of Missouri was present in person and repre- sented by Judge Charles L. Henson and Messrs. Frank Hollingsworth and Lawrence Holmen. (The Special Master announced that under the pro- visions of the order appointing him as said Special Mas- ter, he had, on July 11, 1939, appointed Emily F. Miles to report the proceedings had in said matter.) Whereupon, the following proceedings were had and entered of record: Mr. Berger: I would like to make a suggestion, when you offer your testimony, that you indicate in which one of the cases it is offered. As I understand it, you are taking hearings in 137 cases simultaneously? The Special Master: I am going to take it in all the cases. I am only going to hear it in all cases. If there is any evidence that is only applicable to one case, that can later be pointed out. Mr. Berger: That is what I thought. It should be indicated whether the evidence is being offered in al! of the cases or whether it is being offered in an individual case. Mr. Hollingsworth: I do not think it should be so indicated. We would prefer— The Special Master: I would prefer that you would offer your testimony in all of the cases, then when you get ready to file your suggestions, you are at liberty to point out that all this evidence would not be applicable to this or that or the other case. Mr. Berger: Then we would not be in a position to object at such time. The Special Master: Not at all. You would point it out. It ought not to be any trouble in the world, after the evidence is in, to be able to isolate it if it is isolated. Mr. Berger: My point is that I did not think all companies should be bound by the testimony of the exec- utive of another company in which they have no con- nection. Mr. Bullitt: If they want to offer it they are en- titled to offer it. (Whereupon, discussion was had off the record.) The Special Master: We do not have time to sepa- rate the evidence in advance. We might have several hearings if we did it that way. There will be no trouble in getting up a report and isolating the evidence and making it applicable to the proper case, and every insur- Russe._t D. Hospsps—DIREcT 3 ance company knows that the evidence offered is going in if it is applicable to any company, and he has a perfect right to claim it is not applicable to him after it gets in, if that is true. Mr. Berger: That is the way I thought it would be, but I thought it ought to be definitely determined. The Special Master: We would never get through within the time allotted if it were not handled in that manner. Defendants’ Case. Whereupon, the defendants, to sustain the issues in their behalf, offered testimony, oral and documentary, and made admissions as follows: RUSSELL D. HOBBS, being produced, sworn and ex- amined as a witness on behalf of the defendants, testified as follows: Direct Examination by Judge Henson. Q.1. I wish you would state your name to the ste- nographer. A. Russell D. Hobbs. Q@.2. Where do you live, Mr. Hobbs? A. Chicago. Q.2. What is your position with the Subscribers’ Actuarial Committee? A. I am secretary. Q.4. You are secretary at this time? A. Yes, sir. Q.5. Were you secretary in 1935? A. From Sep- tember on. Q.6. From September, 1935, until this time? A. Until this time. Q.7. Who was your predecessor? A. J. V. Parker. Q.8. Is he living? A. He is not. Q.9. Now, I will get you, if you will, to name the members of the Subscribers’ Actuarial Committee. Mr. Berger: You mean at the present time? Judge Henson: Yes, sir; first, I will ask for the pres- ent time. A. George H. Bell, S. M. Buck, H. A. Clark, J. C. Harding, E. A. Henne, F. W. Koeckert, W. F. Robertson and C. H. Smith. Q.10. Is W. D. Williams a member? A. Not at the present time. That is the present membership of the committee. Q.11. Now, will you name the members of the Ac- tuarial Committee during the first six months of the year 1935? 4 Russet, D. Hosss—Drirect The Special Master: Judge Henson, I do not know whether you have this information in advance. Do you have this information in advance? Judge Henson: No. The Special Master: Do you have lists that you could spare? Mr. Berger: Yes, I gave you that. A. I can prepare them. The Special Master: Here is what I have in mind. Mr. Berger: I gave you a letter from Mr. Henne that gave you a list. The Special Master: Here is what I have in mind, Judge: When a man gets ready to summarize testi- mony, when he comes to lists, he just does it like that, and when he comes to this oral testimony from which you can make a list, he has to spend some time on it. If you have those lists and ask him, was that the list, etc., it will just go like that, you see. Mr. Bullitt: I think they have all of that. Judge Henson: We have. The Special Master: That is just a suggestion. Mr. Bullitt: We gave him a list of all of the execu- tives of every kind, and we have given them everything. The Special Master: Things that are tabulated, that can be handled very rapidly. Judge Henson: Then I guess that is what this (in- dicating) must be. Q.12. (By Judge Henson) I will show you a 4 which I find I have here, and ask you if that is the list of the Subscribers’ Actuarial Committee during the first half of the year 1935. A. It is, with the exception of the last three names. Q.13. The last three names, W. P. Robertson, C. H. Smith and S. M. Buck were not members during the year 1935? A. That is correct. Q.14. All right. Mr. Berger: In addition to that, Mr. Street. Judge Henson: Yes, in addition to that, C. R. Street. A. Mr. Street’s name is on the list. Mr. Berger: Yes, that is right. The Special Master: It does not serve his purpose. Q.15. (By Judge Henson) Who were the officers of this committee in 1935, the first half of the year? Who was chairman? A. The chairman was Mr. C. R. Street. The secretary was Mr. J. V. Parker. ee Te ee B'0 - A E in, “ae © re ay = fy GINNSYZLNNOD — | .y 85 al November 9, 1936 yr. Powrie: MISSOURI The companies have been paid 61% of their impounded premiums in sash, and if we can cut off the lawyers, who, however, show no disposition t go of a good thing and little disposition to really compromise, we gould be able to return to the companies about 9% additional in cash, or Under court order the only distribution which has been made was out of impoundments down to May 1, 1935. In the fullness of time companies dll receive 50% on the impoundments subsequent to May 1, 1935, but when this will be paid I do not know, nor, for that matter, does anyone else. On these impoundments, May 1, 1935, until November, the companies rll not receive in the end in excess of 55% as against 70% on previous im- pundings. This is for the reason that the assured under the settlement re- wives a refund of one-third of 16-2/3% May 1, 1935, to November, whereas gior to May 1, 1935, the assured receives only 20% of 16-2/3%. As to expenses I do not know what to say, nor, for that matter, will gyoody else. It is my intention in this office to charge back to the State of Missouri in our Tax Returns for this year the 20% to be returned to policy . wsiders on the early impoundings and one-third of the impoundings subsequent to May 1, 1935, as return premiums, which is an entirely legitimate proposition ) 6 about of our total undings to legal expense and to charge off s le © end as uncolLectable premiums, the same as agents! talances not collected. Before we went into this settlement special care was exercised to see ‘het our attorneys approved a disposition of the case along the lines of the wttlenent as later made. They seemed really enthusiastic at the time and gonised all sorts of co-operation, but I must say that later on their general sposition has been to delay 4n order that additional fees may be claimed - itis particularly unfortunate for us that this case has represented 99% of i, Folonie's practice during the five years prior to the time the settlement poreerocrrss sea 34, 27 | 86 Water D. WiLL1aMs—DIRECT Mr. Bullitt: Mr. Master, I just want to read this one out of this paper written by Street to the Security Company on November 9th, this paragraph. The Special Master: We are just now talking about the previous ones. You are now referring to what he has just asked this witness? Mr. Bullitt: Yes. The Special Master: Go ahead. Mr. Bullitt: “As to expenses I do not know what to say, nor, for that matter, will anybody else. It is my in- tention in this office to charge back to the State of Mis- souri in our tax returns for this year the 20 per cent to be returned to policyholders on the early impoundings and one-third of the impoundings subsequent to May l, 1935, as returned premiums, which is an entirely legiti- mate proposition; to charge about 5 per cent of our total impoundings to legal expense and to charge off anything that is left in the end as uncollectible premiums, the same as agents’ balances not collected.” The Special Master: Who wrote that letter? Mr. Bullitt: Mr. Street wrote that to the Security, to Mr. Powrie, and he sent us a copy of it. Who is Powrie? Mr. Berger: He was with the Fire Association. Mr. Bullitt: That was written to Mr. Powrie, but passed on to the Security. P The Special Master: It evidently got into the hands of this company because they have made an entry that they made that change according to his suggestion. (Letter, handed to the reporter, was marked for iden- tification as ‘Defendants’ Exhibit 15, EFM.”) Q.128. (By Senator Hollingsworth) Now, I hand you Defendants’ Exhibit 15 and ask you to state if that is — letter transmitting those checks to Mr. Street. A. es. Senator Hollingsworth: We offer in evidence De- fendants’ Exhibit 15. The Special Master: Just this one letter that you offer? Senator Hollingsworth: I am offering all of them. (Which said Defendants’ Exhibit 15, so offered in evidence, having been previously duly marked, is in words and figures as follows: ) March 23, yr, Charles R. Street great American Ins. Co. 310 South Michigan Avée ticago,1llinois ty dear Charlie :- I am enclosing checks as follows:- SecurityInsurance Company $2960.7 Eest and West Insurance Company 130225 These represent 5% of the impounded premiums of each Company to May 1, 19% Yours very truly, PAC Manager. A, 88 Watrer D. WILLIAMS—DIRECT Mr. Berger: This may be a little out of time, Mr. Barnett, but there was a statement made by counsel a little while ago in asking Mr. Williams the question about this distribution of 11 per cent, in which counsel] made the statement in asking him whether all of the attorneys’ fees had been paid by the trustees before the 11 per cent had been distributed, which is not the fact. Mr. Bullitt: That is the reason, Mr. Master—I do not want to be too meticulous—but the reason that I ob- ject to the gentleman, instead of asking questions, he puts them in the questions, because he made the clear statement that at the time this witness paid this money, that already the legal expenses had been paid, and con- sequently there wasn’t any reason for him paying any more money, where, as a matter of fact, at the time Mr. Williams’ company paid this money, they hadn’t paid a whole lot of these things, attorneys’ fees, $20,000.00 and $50,000.00 and $150,000.00 and $40,000.00, huge amounts of attorneys’ fees had not been paid at the time he col- lected this 5 per cent back, or some $4,000.00. The Special Master: I am trying to catch the full purport, and if that is an important distinction, I want to catch it. It is all a question of examining inter- ested witnesses to see whether by their testimony they can prove knowledge. Now, if it is true that he paid this out and then afterwards these were paid—wasn’t this man on the committee? Senator Hollingsworth: Yes. The Special Master: If, as a matter of fact, he knew that this contract was made out of which to pay it, and it was a huge amount for that purpose, the distinction may have significance. I don’t catch it and I want you to put me straight. I don’t see what difference it makes. If this man knew that a contract had been made to put up a tremendous amount of money that was lower than any- body could possibly believe would be necessary to pay attorneys’ fees, and then this comes not out of that fund but something extra, what difference does it make whether they were, in fact, paid or whether they had been provided for? If there is a distinction I want to catch it so that I won’t be misled. Mr. Bullitt: It is perfectly legitimate argument for the gentleman to make by way of argument, that Mr. Williams, knowing there was two million and some dol- lars up for expenses, might have said, “Why do I have to put any more up?” I think that is a perfectly legiti- WattTeR D. WiILLIAMS—DIRECT 89 mate argument. But the question I object to is when he says, “But, Mr. Williams, you knew all of the law- yers’ fees had been paid. Why were you paying some The Special Master: That is right. Mr. Bullitt: Now, the lawyers’ fees hadn’t been The Special Master: That might be a loose state- ment, but it couldn’t possibly mislead anybody. There is the contract and we see what it was. Mr. Bullitt: It misled me. The Special Master: It didn’t mislead me. a Bullitt: Did you know the fees had not been The Special Master: I assumed they didn’t all get paid until all the lawyers got through with everything they had to do, but from this man’s standpoint, when he approved the contract that took care of it so far as he is concerned, and provided a fund for it, then, as far as he is concerned, in effect, they were paid. Now, I am just telling you that, because if I am overlooking a dis- tinction that is important, I would like to have you develop it. Mr. Bullitt: It will come up later. Mr. Berger: If your Honor please, I think you have made a little strong interpretation of the trust agreement. I don’t think that the trust agreement says it necessarily provides a fund. It says it shall be held for that pur- pose upon voting and approval by the Subscribers’ Actu- arial Committee of the items. The Special Master: Yes. Mr. Berger: In other words, the trustees paid noth- ing out except at the direction of the committee. The Special Master: Were you a member of that committee? A. Of the Subscribers’ Committee? Yes. Mr. Berger: They had paid 11 per cent to the com- panies. The committee voted that.. The Special Master: Well, I tell you. I believe I understood what happened and: I believe I understood these questions and the looseness of the language hasn’t misled me. I honestly believe that. He does once in a while lapse and not technically describe the situation exactly, but I don’t believe it has misled me. Mr. Berger: The 11 per cent they took out took $1,000,000.00 out of the fund. _ A no WaLTeR D. WILLIAMS—DIRECT The Special Master: I know. Q.129. (By Senator Hollingsworth) Now, at the time you made this remittance as shown by your letter of March 23rd, you simply enclosed Mr. Street the checks without any comments, said, “These represent 5 per cent of the impounded premiums of each company to May 1, 1935”? A. Yes. Q.130. Of course, you knew, didn’t you, Mr. Wil- liams, that all of the other companies were being called on for a similar amount? A. I didn’t. I may have as- sumed it. I didn’t know it. Q.131. You assumed that you were bearing your proportion? A. Isn’t there some reference there to where all of the other companies are being called upon in the same way, or something of that character? Q.132. As a matter of fact, Mr. Street’s letter said to you “All will do the same thing.” CF1SINVO>- ON ‘NNIW INWd LS ANVAKKO!) ADNVILISN] ANDIVIN (UNV AUB LIVES 181 r - Ae P ira . * MINSK UTA aa — “ef i » J 7. es ft . NNUY “Ta * Vd Ixivs” “NNHIC “LAVA LNIVS 1-zz MNVi TV NOLLV NASD I ATLL OL ; . "ae = a | ‘ a ( H ad - £40 wueno ae disap avd Cs 7) 10303 VLOSANNIW “LAV ENIVS 4 ANVdWO) GINVUNSNE AMIN 182 C. A. DospaALL—Drrect Q.61. (By Judge Henson) Now, if you, Mr. Wit. ness, will turn to the letter of March 30th, that is Ex. hibit 38, I first want to direct your attention to that third short paragraph of that letter, “I also return you two checks payable to me and to Folonie as Trustees,” Does that refer to Exhibits 39 and 40? A. Those two checks that we were just talking about. Q.62. I will ask you now if you got the checks re- ferred to in Defendants’ Exhibit 38, the letter of March 30, 1936, the one for the Mercury for $1,330.37 and to the St. Paul for $4,121.70 as stated in this letter. Those two checks came in that letter along with the two checks that he was returning? A. “I also return two checks payable to me and to Folonie as trustees.” Q.63. All right. Now, did you understand with the receipt of the two checks payable one to the Mercury and one to the St. Paul mentioned in the first line of that letter, were the payment that you had already re- ceived, the 6 per cent back in the letter of March 9th, and this would make 11 per cent of the impounded pre- miums as he says in the letter? A. “This being within a few cents of the same amounts as the checks now sent you.” That is what he had reference to, I guess. I don’t sée— Q.64. (Interrupting) No, I am talking now about the checks. A. This makes 11 per cent; I see it up here. Q.65. The checks received on March 9th? A. That is right. Q.66. And the checks he encloses, mentioned in the first paragraph of this letter together makes 11 per cent of your impounded funds, the letter says so and you so understood it, didn’t you, at the time? A. “I enclose herewith check for the Mercury $1,330.37, St. Paul, $4,- 121.78 on account of Missouri impounded premiums. This makes 11 per cent of your impoundments as of May Ist last which you have received.” That is the way we un- derstood it, yes. Q.67. These figures in the first line of Exhibit 38 were really 5 per cent and the other checks on March 9th were 6 per cent, that made the 11 per cent, isn’t that right? That is correct? A. That is possible. The fig- ures are right, anyway; I know that. ; Q.68. When he returned your two checks, these two checks over there marked 39 and 40 that you after- wards voided, the two checks made payable to Street and Folonie as trustees, why did you void those checks as C. A. DospaLtt—Dmect 183 they appear on Exhibits 39 and 40 to have been done? A. He sent those checks back and asked for new checks. Q.69. Is it on account of his request that is made there later in this letter, this Exhibit 38, that you voided them? A. He enclosed those other checks, also returned two checks “payable to me and Folonie as trustees.” Q.70. That is evidently these two voided checks? A. Those are the two voided checks that we were just about. ‘Please send me Mercury check for $1,- 330.35 and St. Paul check for $4,121.75, expense, this be- ing within a few cents of the same amounts as the checks now sent you.” Q.71. My question was, why did you void those two checks, 39 and 40? A. Because he asked for others. Q.72. Asked for others in the place of them? A. It was to replace them, yes. Q.73. Were you satisfied with the explanation that he made as a reason for giving him new checks instead of the old ones? A. Well, I can best answer that by calling your attention to my letter of April 1st enclos- ing the checks. All right. Then I will just have that intro- Judge Henson: I am having the letter of April 1st marked, General. . (Said letter, handed to the reporter, was marked for identification as ‘Defendants’ Exhibit 41, EFM.”) Q.75. (By Judge Henson) Your letter of April 1st has been marked as Exhibit 41? A. Yes, sir. Judge Henson: I am now having Street’s letter of April 2nd marked, General. (Said letter, handed to the reporter, was marked for identification as ‘Defendants’ Exhibit 42, EFM.”) Q.76. (By Judge Henson) Now, I show you Ex- hibit 42 and is that the letter you received from Mr. Street in reply to the letter of April lst? A. In acknowledgment of the letter of April 1st. Judge Henson: I offer in evidence Exhibits 41 and (Which said Defendants’ Exhibits 41 and 42, so of- fered in evidence, having been previously duly marked, are in words and figures as follows: ) 184 vr. C.R. Street, April 1, 2936, - 510 South Kichigan Avenue, / ” Chicago, Illincis. a of Dear Sir: Enclosed find checks for the amounts specified in your letter dated March SOth. The other two checks returned are being voided. The procedure you suggest seems to be someshat of en involved way of doing business, but we take it for granted that circumstances justify your request. Remittances are bein sent you, therefore, elthough we edmit frankly that we do mt kupw yet what it is all about. Youre truly, DsGAn Secretary. 8x o 185 Great American pao Vice Peasornr G O GREGORY Jusuranre Company CHICAGO April 2, 1936. y/ bear Mr. Doodells 6, % %,, Will tell you all about it at the Association mecting, “at which I pro- pose to make © detailed report. In the meantime can assure you it is all right. Yours very truly, a Fae. eke wr. C. A. Dosdall, Secretary, $t. Paul Fire & Marine Insurance Co., St. Paul, Minn. Sy, 186 C. A. Dospatt—Drrect Q.77. Now, the letter of March 30th, please, Mr. Dosdall. I note that Mr. Street writes there, “The situ- ation has changed since I spoke to you, and have been to New York where a number of the ‘big boys’ met and | came back with Home check $34,000.00 (They had pre- viously put up $15,000.00), Continental, $23,000.00 (They had previously put up $15,000.00), and others, all pay- able to C. R. Street, Agent.”” What did you understand him to be talking about there; that is, who are the “big boys” and what did you understand that paragraph to mean? A. I imagine he had reference to the men that he met in New York, whoever they were. I don’t know. I have no means of knowing. The Special Master: You have assumed when he said “Home” that he meant the Home Insurance Com- pany, did you? A. The Home, yes, the Home Insurance Company of New York. The Special Master: That is one of the biggest in- surance companies? A. That is right, is the biggest. Q.78. (By Judge Henson) And when he mentioned the Continental, you assumed that was the Continental Insurance Company and their group? A. Yes, sir. Q.79. Now, who did you think he meant by “big boys”? A. I took the letter just as it reads, the heads of the more prominent companies that he had contacted in New York. Q.80. For what purpose? A. Something in con- nection with this expense item. Q.81. Well, what in connection with the expense item? A. How he was handling it, I presume. Q.82. Did you read the figures there where they had previously paid $15,000.00 and he got— A. (In- terrupting) We have no means— Q.83. (Continuing) —and he got $34,000.00 more? A. We have no means of verifying those figures. Q.84. I understand that, but what impression did that make on your mind? A. Well, I can still answer that best by referring you to my reply in that letter dated April 1st. Understand, this litigation was of many years standing. Q.85. How is that? A. I say, you understand this litigation was of many years standing, and it was highly technically involved and it was utterly impossible almost for the average layman to keep in contact with all phases C. A. DospALL—DIRECT 187 of it, and the whole thing functioned through this Sub- seribers’ Committee of which Mr. Street was chairman, and we all had confidence in him and had no reason to question the way he was handling it. He had been handling it from the start and knew all of the angles of it and we had to rely on him for information. Q.86. Now, Mr. Dosdall, the voided checks which u returned were 30 per cent of a 6 per cent refund? ‘A. That is the way it checks out. Q.87. And the checks he called for you to send to him about the fifth paragraph there, that was 5 per cent of the entire impounded premium, wasn’t it? Mr. Berger: Judge, if I might interrupt because you are getting confused; it is the entire impounded pre- miums of May 1, 1935. Judge Henson: Well, that is true. I will stipulate that with you somewhere in this record. Mr. Berger: Because I say it might be confusing somewhere along the line because the total impoundings were larger than the rest. A. There were so many different dates involved. Q.88. (By Judge Henson) Well, now, Mr. Dosdall, let’s get down to this letter right here. He sent back to you the checks that you had written for 30 per cent of 6 per cent? A. That is right. Q.89. You sent back to him 5 per cent? A. That is right. I sent back to him the checks that he asked for. Mr. Bullitt: Where do you get the 30 per cent of 6 per cent or 5 per cent either one? Judge Henson: Well, that is back— The Special Master: Yes, that is what it shows. Mr. Bullitt: But that isn’t 30 per cent of what he says, as far as I can figure. The Special Master: That is the way I figured it. The Special Master: That is what it is, approxi- mately one and eight-tenths percent of the entire premiums, but those checks were not cashed. Q.90. (By Judge Henson) Now, he doesn’t seem in this letter to have explained that perhaps he meant to call on you for 5 per cent but did call on you for 30 per cent of 6 per cent. He doesn’t explain that and he doesn’t say that he wants these checks, the Mercury of $1,330.35 and the St. Paul for $4,121.75, expense, he — say that he wants them payable to C. R. Street, gent. 188 C. A. DospaLt—DrIREcT The Special Master: That is a statement, Judge. It doesn’t call for an answer. Q.91. (By Judge Henson) Here is my question: Why did you make the checks payable to C. R. Street, Agent? Why did you put the word “Agent”? A. If you will refer back to that previous paragraph, “and others, all payable to C. R. Street, Agent.” Q.92. That is the way the others made theirs to C. R. Street? A. “Please send me Mercury and St. Paul checks, this being within a few cents of the same amounts of the checks now sent you.” Q.93. Then it is on the strength of the fact that the others had made them to C. R. Street that you made them to C. R. Street? A. That is right. Q.94. Now, because he had called for them. Did you have any conversation by telephone or any other com- munication at all from Mr. Street about it? A. I did not. Q.95. Or anyone from his office? A. I did not. Q.96. Or the New York office or anybody else? A. I did not. Q.97. You will observe that the checks he is send- ing you, the Mercury and the St. Paul, are within a few cents of the same amount he asks you send back. A. One is two cents and the other is a difference of three cents. Q.98. Yes, sending back substantially the same sums? A. That is right. Q.99. Now, that aroused your curiosity, didn’t it? A. Well, it was not the difference in the amounts; two or three cents would not justify going to the trouble to try to find out where the difference come in, but the procedure did arouse my curiosity. Q.100. And in your letter of April ist, Exhibit 41, you told him that the procedure seemed involved? A. That is right. Q.101. What did you mean by the rest of that sentence, “But we take it for granted that circumstances justify your request”? A. That is that he had charge of it and we assumed and had confidence in him, and we assumed that the way he wanted to handle it was all right and proper and justified. Q.102. What circumstances did you think he had— what circumstances did you have in mind? You are the author of that letter? A. That is right. I had in mind the circumstances that because the previous checks had been made payable to Street and Folonie as trustees, and C. A. DospaALL—DIRECT 189 he asked for these checks to Street as agent, in substi- tution thereof, that is— The Master: You couldn’t understand why it was necessary to make that distinction? A. That is why. It wasn’t the difference in the amounts, but it was just that change in procedure. Q.103. (By Judge Henson) Well, there was a sub- stantial procedure in the amounts of the voided checks returned and of the checks that he called on you to give pack. A. Well, that was a different distribution en- tirely. G.104. Mr. Dosdall, further in the letter, D-38, the letter of March 30th, it says, “This simply increased the amount which you will receive in final distribution.” You paid back to him 5 per cent which would increase the amount? Was that the way you understood it? A. That is the way I understood it. Q.105. As a matter of bookkeeping? A. That is right. Q.106. In other words, he sends you 5 per cent check and calls for you to return them and the differ- ence of two or three cents in each check is the only dif- ference? A. That is right. Q.107. Well, how did you figure that that would in- crease what you would get on final distribution? A. Based on his statement there. Q.108. You just took his statement for that? A. I took his statement for it. Q.109. In other words, he sends out to St. Paul the equivalent of 5 per cent and calls for you to send your checks back for about the same amount? A. That is right. Q.110. Didn’t it occur to you he might as well have kept the money? A. I never gave it a thought. Q.111. Did that arouse any suspicion any more than you have given in your letter of April Ist? A. Not any more than that. | Q.112. You never held the matter under considera- tion at all but answered the same day, didn’t you, that you got the request? A. There are 31 days in March. The letter was dated the 30th and approved by me the 31st, which is the next day, and the check went out the following day, April 1st. Q.113. What did you understand him to mean there by the words, “no bribery but legitimate expenses which we cannot put in our report to the court?” 190 C. A. DospaLL—Dmect Mr. Bullitt: Just read the sentence. Judge Henson: I thought— Mr. Bullitt: The eight words immediately before that you omitted. Just read that so we can get the context. The Special Master: [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0027%3A1. Public record. Not legal advice.