Appendix — American Insurance v. Lucas

Supreme Court brief1941

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INDEXES

I. Index of Witnesses and Exhibits (Chronologically as

to appearance in transcript)—

Pages

II. Alphabetical Index of Witnesses—

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Pages XXVII to XXXI

Ill. Alphabetical Index of Plaintiff Insurance Companies—

Pages XXXIII to XXXVIII

IV. Exhibits (Chronologically as to dates thereof)—

Pages XXXIX to LXI

istrict 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.

INDEX I

(Chronologically As to Appearance in Transcript.)

Vol. Page

Caption I 1

Appearance of parties I 1

Colloquy between counsel as to the introduction of '

. ony .-

DEFENDANTS’ EVIDENCE

RUSSELL D. HOBBS, Secretary Subscribers Actuarial

Committee

Exhibit 1—List of cases pending...........- ..-------------------- -

ERNEST A. HENNE, Chairman Subscribers Actuarial

Committee and Vice President Continental Insurance

Group

Exhibit 2—Memorandum Agreement (settlement

agreement) dated 18th day of May, 1935, between

R. Emmet O'Malley and Charles R. Street_______—

II INDEX I

Exhibit 3—Decree dated February 1, 1936, entered

in each cause

Exhibit 4—Declaration of Trust dated February 4,

1936, executed by Charles R. Street and Robert

J. Folonie

Exhibit 5—Check of Continental Insurance Compens,

dated May 2, 1935, = to Chas. R. Street,

Chairman, for $15,000.00... a

Exhibit 6—Letter from Mr. Cian, Feeddent, Con-

tinental Insurance Company, to Mr. Henne, Vice

President, dated April 16, 1936

Exhibit 7—Letter from Mr. Jones to Mr. ‘Galea

President, Continental Insurance Company, dated

April 20, 1936

Exhibit 8—Memorandum of C. R. ‘Street, adtvecees

to the Governing Committee, dated September 25,

1936

Exhibit 9—Inter-office communication ‘in, ‘Bert

R. Jones, Assistant Auditor, and William H. _—

Auditor, dated October 29, 1936...

WALTER D. WILLIAMS, former President of Security

Insurance Company and East and West Insurance

Company; member of Subscribers Actuarial Committee

Exhibit 10—Letter from C. R. Street to Walter D.

Williams, dated March 17, 1936...

Exhibit 11—Letter from C. R. Street to Walter D.

Williams, dated March 17, 1936...

Exhibit 12—Check issued by Seourlty Susans o-

pany, dated March 23, 1936, payable to C. R. Street,

agent, amount $2,960.75... weeks

Exhibit 13—Check issued w East ond West Sueenee

Company, dated March 23, 1936, — to C. R.

Street, Agent, amount $1,302.56.

Exhibit 14—Letter from Mr. C. R. Owen | to “Mr.

Powrie, dated November 9, 1936... <

Exhibit 15—Letter eg prewrey to Mr. c -R.

Street, dated March 23, 1936_. tT ek Bid ae ge

RUSSELL D. HOBBS, Recalled... 7

Exhibit 16—Extract from Minutes a macting of ae

tuarial Committee, dated February 8, 1935...

Exhibit 17—Extract from Minutes of mecting a

Actuarial Committee, dated March 19, 1935...

Exhibit 18—Extract from Minutes of —— Ac-

tuarial Committee, dated July 9, 1935... he at

InDEx I

Exhibit 19—Extract from Minutes of meeting Ac-

tuarial Committee, dated October 1, 1935_...-

Exhibit 20—Extract from Minutes of meeting

Actuarial Committee, dated November 27, 1935.......-

Exhibit 21—Extract from Minutes of meeting Ac-

tuarial Committee, dated November 5, wee...

Exhibit 22~—Extract from Minutes of meeting Ac

tuarial Committee, dated April 8, 1936...................-

Exhibit 23—Extract from Minutes of meeting Ac-

tuarial Committee, dated June 5, 1936.................-

Exhibit 24—Extract from Minutes of meeting of

Actuarial Committee, dated October 23, a

Exhibit 25—Extract from Minutes of meeting of Ac-

tuarial Committee, dated December 8, NEG

Exhibit 26—Extract from Minutes of meeting of Ac-

tuarial Committee, dated April 30, 1935..................-.

A. F. POWRIE, Manager, Western Department, Fire

Association of Philadelphia Group...

Exhibit 27—Copy of letter from Mr. Powrie to O. E.

Lane, dated March 12, 1936...

Exhibit 28—Voucher receipt to Fire Association of

Philadelphia by C. R. Street, Chairman, dated

March 13, 1936, for $1,712.82....... :

(Exhibit 28a see page XXV.)

Exhibit 29—Letter from Mr. Powrie to C. R. Street,

transmitting check for $1,712.82, dated March 13,

ED vckticienieres Be

Exhibit 31—Letter from Mr. Powrie to C. R. Street,

dated April 29, 1936, transmitting check for

G5,425.SO anne naennanennnneenneeenneesnvvonnnsennnseennennmmenanvenennenenmmconeeee

(Exhibit 3la see page XXV.)

(Exhibit 31b see page XXV.)

(Exhibit 3le see page XXV.)

(Exhibit 31d see page XXV.)

Exhibit 30—Letter from Charles R. Street to Mr.

A. F. Powrie, dated April 27, 1936...........-...-.------------

Exhibit 32—Letter from C. R. Street to A. F. Powrie,

dated November 9, 1936 (original of Exhibit 14)........

GEORGE H. BELL, Manager, Western Department,

National Fire Insurance Company and affiliated com-

panies; member Subscribers Actuarial Committee...

Exhibit 33—Check National Fire Insurance Company,

dated May 7, 1935, to Hicks and Folonie, Attys., for

101

105

107

112

116

120

125

131

132

136

148

IV. InDEex I

Exhibit 34—Check National Fire Insurance Company,

dated March 27, 1936, issued to C. R. Street, —

for $13,655.11

J. C. McKOWN, Secretary, St. Paul Fire & Marine In-

surance Company and Mercury Insurance Company...

C. A. DOSDALL, Secretary, St. Paul Fire & Marine

Insurance Company and Mercury Insurance Company

Exhibit 35—Letter from C. R. Street and R. J.

Folonie, Trustees, to St. Paul Fire & Marine In-

surance Company, and Mercury Insurance Com-

pany, dated March 9, 1936

Exhibit 36—Disbursement Voucher Mercury Insurance

Company, dated March 31, 1936, and pencil mem-

orandum from C. R. Street

Exhibit 37—Letter to C. R. Street from C. A. Dosdall,

dated March 13, 1936

Exhibit 38—Letter to J. C. McKown from C. R.

Street, dated March 30, 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

Company, dated March 13, 1936, to C. R. Street

and R. J. Folonie, Trustees, amount $478.94.

Exhibit 41—Letter from C. A. Dosdall to C. R. Street,

dated April 1, 1936_. Kes

(Exhibit 4la see page XXV.)

(Exhibit 4lb see page XXVI.)

Exhibit 42—Letter from C. R. Street to C. A.

Dosdall, dated April 2, 1936...

eT nee

RAYMOND WALDRON, Vice President Detroit Fire

& Marine Insurance Company...

Exhibit 43—Check of Detroit Fire & Marine Semeenes

Company, dated March 19, 1936, issued to C. R.

Street, Agent, amount $897.43

CHARLES A. REEKIE, Vice President and oases

Detroit Fire & Marine Insurance Company... es

S. F. WEISER, Secretary, Dubuque Fire and Marine

Insurance Company and National Reserve Insurance

Company cael

Exhibit (4~Memerandum sheite Mr. S. F. Weiser, March

24, 1936 vie nae

InDEXx I

Vol.

Exhibit 45—Copy of lette: from H. C. Clark to S. F.

Weiser, dated March 24, 1936

Exhibit 46—Check of Dubuque Fire & Marine Insur-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, for $2,910.02 =

Exhibit 47—Check of National Reserve Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, for $676.06... - 3

w. R. REILLY, Assistant Secretary Dubuque Fire &

Marine Insurance Company ..—----—-------—----

S. M. BUCK, former Western Manager Firemen’s Fund

Insurance Company group; member Subscribers Ac-

turial Committee. \

Exhibit 48—Office Memorandum from W. L. Leonard

to Mr. Buck, dated March 24, - RESIRERER SE ereerave ;

Exhibit 49—Carbon copy of letter from Mr. Buck

Mr. C. R. Street, dated tack FH, 106...

Exhibit 50—Check of Home Fire & Marine Insurance

Company, dated March 27, 1936, issued to C. R.

Street, Agent, for $1,259.22...

Exhibit 51—Check of Firemen’s Furd Insurance Com-

pany, dated March 27, 1936, issued to C. R. Street,

Agent, for $5,739.21 ........----..-------—-

HERBERT A. CLARK, Vice President Firemen’s Fund

Insurance Company group; member of Subscribers

Actuarial Committee

Exhibit 52—Letter from C. R. Street and R. J. Folonie,

Trustees, to Mr. Clark, dated March 9, 1936.........---

Exhibit 53—Memorandum from Mr. Clark to Miss

Bircher, dated March 13, 1936

Exhibit 54—Memorandum from Mr. Clark to Miss

Bircher, dated March 24, .. cciovaninncinisinmnnvene

Exhibit 55—Check of Concordia Fire Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, for $2,858.26... ---e---------eneeonvveveseenrmrrnrrnone

Exhibit 56—Check of Firemen’s Insurance Company,

dated March 25, 1936, issued to C. R. Street, Agent,

amount $6,162.33 _- a 5 deaieinaieapnmeaapnetnneenaan

Exhibit 57—Check of Girard Fire and Marine Insur-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, for $1,820.25...

Exhibit 58—Check Mechanics Insurance Company of

Philadelphia, dated March 25, 1936, issued to C. R.

Street, Agent, for $387.17...........----——--——------

Exhibit 59—Check of Milwaukee Mechanics’ Insur-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, for $3,387.72........- shes Eee

VI Inpex I

Exhibit 60—Check of National-Ben Franklin Fire In-

surance Company, dated March 25, 1936, issued to

C. R. Street, Agent, for $1,359.93

Exhibit 61—Check of Superior Fire Insurance Com-

pany, dated March 25, 1936, issued to C. on

Agent, for $1,015.21

JOHN C. HARDING, Vice President, Springfield Fire &

Marine Insurance Company group; member Subscribers

Actuarial Committee... -

Exhibit 63—Letter from F. A. Schlesinger to John c.

Harding, dated March 24, 1936... ;

Exhibit 62—lInter-Office communiestion py B E

Hobart to George B. Bulkley, dated March 26, 1936

BERNARD E. HOBART, Auditor, Springfield Fire &

Marine Insurance group ilies

W. L. LERCH, Manager of the Underwriters Grain As-

sociation

Exhibit 64—Check of Underwriters Grain Association,

dated March 18, 1936, issued to C. R. — Agent,

for $2,070.98...

Exhibit 65—Letter from C. R. Street to w. L. tach

dated March 19, 1936

JOHN R. CASHEL, Assistant Manager, Providence Wash-

ington Insurance Company... ....

‘CARSTEN CLAUSSEN, Manager Western Department,

London & Lancashire Insurance Company group...

Exhibit 66—Check of London & Lancashire Insurance

Company, dated March 24, 1936, issued to C. R.

Street, Agent, for $3,752.55

Exhibit 67—Check of Orient Insurance Company, dated

March 24, 1936, issued to C. R. Street, Agent, for

$3,506.24

Exhibit 68—Check of Safeguard Insurance Campeny,

dated March 24, 1936, issued to C. R. scetie Agent,

for $495.38...

Exhibit 69—Check a lew, pry & Rock ‘ieee

Company, dated March 24, 1936, issued to C. R.

Street, Agent, for $1,307.63 ..

Exhibit 225—Letter from C. Ceumn to ‘emer HL

Berger, dated August 1, 1939... oe

Exhibit 225a—Carbon copy of letter. pom Clsmam,

Manager, to General feaneinated lenusonnn dated ~—

10, 1936... Seas

Exhibit 225b—Carbon | copy ‘of page from woe of

Missouri Impounded Premiums as of June 30, 1936

InpDex I

Exhibit 225c—Memorandum letter from Home Office of

London & Lancashire Insurance sdssincatd Manager,

CHARLES H. SMITH, Assistant General Agent Hart-

ford Fire Insurance Company and Citizens Insurance

Company; member of Subscribers Actuarial Committee

ROBERT P. BARBOUR, United States Manager Northern

Assurance Company and London and Scottish Assur-

ance Corporation. ............

Exhibit 70—-Memorandum w Mr. “Barbour, " @ant

March 23, 1936...

Exhibit 71—-Check ‘of ‘Northern. “Assurance ‘Company,

dated March 23, 1936, issued to C. R. Street, Agent,

for $4,910.48... :

Exhibit 12—Check @ Leadon & ‘Scottish pomnaen

Corporation, dated March 24, 1936, —" to North-

ern Assurance Company, Ltd., for $673.33... =

O. E. LANE, President, Fire Association of —

group ........-

WALTER F. BRADY, Vice President and Secretary of

Merchants Fire Assurance Corporation... as

Exhibit -ianpenateneneen by Mr. Brady, dated March

25, 1936......... -

Exhibit 74—Check “Sleschents ‘Fire hasenee Cor-

poration, dated March 25, 1936, issued to C. R.

Street, Agent, for $3,012.99...

Exhibit 75—Page 125 of Generel ‘Cash Book of “Mer-

chants Fire Assurance ee dated March,

1936

F. J. BREEN, President Standard Fire Insurance Com-

pany of New Jersey... =

Exhibit 76—Check of Standard ‘Fire ‘Inswanee Com-

pany, dated March 24, 1936, issued to C. R. Street,

Agent, for $2,891.02... .

Exhibit iteneenden howlen ‘peundings aa

amount of check of Standard Fire Insurance Com-

pany of New Jersey........

Exhibit 78—Page 116 of Cash Book of ‘Standard Fire

Insurance Company of New Jersey...

Exhibit 79—Page 65 of the Journal of Standard Fire

Insurance Company, dated June, 1936... s

Exhibit 80—Ledger page entitled “Missouri. ~~

pounded Premiums Held by Trustee—Expenses”

Standard Fire Insurance Company of New Jersey

334

337

371

VIII InpEx I

Exhibit 81—Ledger page entitled “Legal Expenses

Standard Fire Insurance Company, 1936-1938...

WILLIAM H. KOOP, President Great American In-

surance Company group

Exhibit 82—Check requisition, Great American Insur-

ance Company, for $10,000.00, payable to R. J.

Folonie, Attorney, dated March 9, 1935... m

Exhibit 84—Check Great American ieousnnee pa

pany group, dated May 9, 1935, to R. J. Folonie,

Attorney, for $10,000.00

Exhibit 83—Check requisition, Great American In-

surance Company, issued to C. R. Street, Agent,

dated March 24, 1936, for $5,997.00

Exhibit 85—Check of Great American Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, amount $5,997.00

Exhibit 86—Telegram from C. R. Street to Mr. Koop,

dated May 16, 1935...

Exhibit 87—Telegram from W. H. Re ' c. R Street,

dated May 16, 1935. mn

Exhibit 88—Telegram oem Cc R. Street pa ‘Mr. Sen,

dated May 16, 1935

Exhibit 89—Memorandum from Mr. Erskine to Mr.

Koop, dated May 16, 1935 Pana

Exhibit 90—Letter from Mr. Erskine to Mr. Street,

dated May 17, 1935._.._._.___.

Exhibit 91—Telegram from Mr. Erskine to Mr. Street,

dated May 16, 1935_.. a

Exhibit 92—Telegram fom Mr. Erskine 1 to “a Street,

dated May 17, 1935.. aK

Exhibit ig = on Mr. ‘Street 1 to 4 Koop,

dated May 23, 1935... att

WILFRED KURTH, Chairman of the Board of Home

Insurance Company and affiliated companies... —_-

Exhibit 94—Check of Home Insurance Company, dated

May 2, 1935, issued to Charles R. Street, Chairman,

for $15,000.00__........_.

Exhibit 95—Check of ee ewe ‘meus

Special Account No. 3, dated March 23, 1936, issued

to C. R. Street, Agent, for $2,868.14 pelsiss

(Exhibit 95a see page XXVI.)

Exhibit 96—Order by Mr. Kurth for check to C. R.

Street, Chairman, for $15,000.00, dated May 2, 1935

Exhibit 97—Order for check to Charles R. Street,

Chairman, for $15,000.00, dated May 2, 1935_.

InDEXx I

Exhibit 98—Order for check to C. R. Street, Agent,

for $28,682.14, dated March 23, 1936___.

Exhibit 99—(Plaintiff’s Exhibit 1) Page from Cash

Book of Home Insurance eee dated —? 3

1935 .. See

JOHN R. VAN HORNE, Secretary Globe & csisnaiel In-

surance Company...

Exhibit siiisteesendum ‘om Mr. ‘Van ‘Same | to

George C. Bowers, dated March 23, 1936... -

Exhibit 101—Check of Globe & Rutgers Seoumenee

Company, dated March 23, 1936, issued to cS &

Street, Agent, for $2,852.81 .

Exhibit 102—Check requisition dated March 23, 1936,

to C. R. Street, Agent, for $2,852.81... a

HAROLD T. CARTLIDGE, Deputy United States Man-

ager Royal Insurance Company and affiliated com-

panies

Exhibit 103—Check somuieition, Royal Insurance Cum

pany, for $10,000.00, to Cc. R. Street, Chairman.

dated May 2, 1935

Exhibit 104—Check Royal Insurance Company, dated

May 2, 1935, payable to C. R. Street, Chairman, for

$10,000.00 __...

Exhibit 105—Letter from Subscribers’ Actuarial Com-

mittee to companies, dated February 4, 1936__.

Exhibit 106—Memorandum as to impoundings Royal

Insurance Company group...

Exhibit 107—Memorandum paraee ‘Paul L. Haid to Mr.

Warner os

Exhibit 108—Order oo eek ‘dated poaery 23, "1936,

payable to C. R. Street, Agent, for $12,200.40 _.

F. W. KOECKERT, United States Manager Commercial

Union Assurance Company group, member Sub-

scribers’ Actuarial Committee.

Exhibit 109—Check of Gunmendel Union pene

Company, dated May 2, 1935, issued to C. R. Street,

Chairman, for $7,500.00.

Exhibit 111—Page from Cash ‘Book i pony "1935,

Commercial Union Assurance Company... aod

Exhibit 110—Check of Commercial Union Aenean

Company, dated March 21, 1936, issued to C. R.

Street, Agent, for $8,281.67.

Exhibit 112—Ledger sheet entitled “National _—

Local Boards” Commercial Union Assurance Com-

pany, May 2, 1935 .

x InDEx I

Exhibit 113—Page 249 from Cash Book for month of

March, 1936, Commercial Union Assurance Company

Exhibit 114—Ledger account entitled “Legal Ex-

penses” Commercial Union Assurance Company...

THOMAS C. MOORE, Vice President and Manager

Potomac Insurance Company Ee

Exhibit 115—Circular letter from Missouri Inspection

Bureau to agents, dated June 12, 1935

Exhibit 116—Marked but not offered, covered by

statement ...... _...

Exhibit 117—Check ‘Petemee ‘Semmens Company,

dated March 24, 1936 issued to C. R. Street, Agent,

for $2,450.74... hes

Exhibit 119—Requisition ‘te Qk, ‘Petemas Snowe

ance Company, dated March 24, 1936, to C. R.

Street, Agent, for $2,450.74... died

Exhibit 118—Photostatic copy of ‘Sienaien from

files of Potomac Insurance Company...

RONALD R. MARTIN, United States — Atlas

Insurance Company...

Exhibit 120—Letter oun “Mr. Bary 1 to Mr. Schoen.

dated March 24, 1936...

(Exhibit 120a see page XXVL)

FRED A. HUBBARD, former President Globe & Rutgers

Fire Insurance Company, and President Hanover Fire

Insurance Company...

Exhibit 121—Check Sence oy ‘haem Gm.

pany, dated March 23, 1936, issued to R. J. Folonie,

Agent, for $4,116.48

Exhibit 122—Letter oon Vice President Sineeer Fire

Insurance Company to C. R. Street, Trustee, dated

March 23, 1936...

Exhibit 123—Letter from Mr. Coffill to Mr. Sheleen.

dated March 23, 1936... SD:

Exhibit 124—Letter Som Mr. Ste to ie, Coffill,

dated March 25, 1936.. =

Exhibit 125—Sheet 313 oy ~~ ho Rentiteness

for month of March, 1936, for Hanover Fire In-

surance Company wees

Exhibit 126—Sheet from pom Rentiinens ‘asever

Fire Insurance Company for month of March, 1936

Exhibit 127—Sheet from Cash Book Hanover Fire

Insurance Company for month of March, 1936...

InpEX I

Exhibit 128—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company,

month of March, 1936... 2... .-------cceeeeeoees scene

Exhibit 129—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company .

Exhibit 130—Page from General Cash Book, Hanover

Fire Insurance Company, March, 1936

(Exhibit 131—none marked with this number.)

Exhibit 132—Page fror General Cash Book, Western

Department, Hanover Fire Insurance Company

Exhibit 133—Page from Ledger of Hanover Fire In-

surance Company, entitled “Home Office”...

Exhibit 134—Page from Ledger of Hanover Fire In-

surance Company, entitled “Legal Expenses”...

Exhibit 135—Monthly Report, Western Department,

Hanover Fire Insurance Company, month of March,

1926 ; 5 ae EA?

OSWALD TREGASKIS, United States Manager, Sun

Insurance Office, and President Patriotic Insurance

Company tates ones eiesincedeceivedecdsiniensins om

Exhibit 136—Check requisition, Patriotic Insurance

Company, to R. J. Folonie, Agent, dated March 23,

1936, for $249.31 Be Le

Exhibit 137—Check of Patriotic Insurance Company,

dated March 23, 1936, payable to R. J. Folonie,

Agent, $249.31 sda conibnicn sod

Exhibit 138—Requisition for check, Sun Insurance

Office, payable to R. J. Folonie, Agent, for $3,591.06,

March 23, 1936 hans eles RE RGAE CTE

C. A. SIEDELL, Secretary Stuyvesant Insurance Com-

Exhibit 139—Check Stuyvesant Insurance Company,

dated March 23, 1936, payable to Cc. R. Street,

for $1,171.41 ..... Lee), 9 RAGE Rea eee

FRANK M. SMALLEY, President, Glens Falls Insurance

COPAY ~.....-----nnaen-cnee aneevesnere-eeneensseceneenenesennmesamnenanmenetnscnents

Exhibit 140—Check of Glens Falls Insurance Company,

dated March 20, 1936, issued to C. R. Street, Agent,

for $2,877.38 SRE BRAS. MN Me

Exhibit 141—Order fur check to C. R. Street, Agent,

dated March 20, 1936, for $2,877.38 . NCC ae

Exhibit 142—Letter of Glens Falls Insurance Com-

pany to Mr. J. D. Erskine, dated March 20, 1936

H. F. WATERMAN, Secretary, Agricultural Insurance

a aacinccernietienienedenealoaneoienanenstodercnteirpets

XII INDEX I

Exhibit 143—Check of Agricultural Insurance Com-

pany, dated March 21, 1936, to C. R. Street, Agent,

for $2,049.89; also receipt of C. R. Street, Agent..

Exhibit 145—Letter of Mr. Waterman to C. R. Strect,

dated March 21, 1936...

Exhibit 144—Letter from C. R. poy te Mr. ‘Water-

man, dated March 23, 1936

JOHN KOENIG, Secretary, United States Branch, Royal

Exchange Assurance Group...

Exhibit 146—Letter of Charles R. Street. to ‘Reve

Exchange Assurance, dated March 31, 1936

LAURENS R. BOWDEN. Vice President, Bankers &

Shippers Insurance Company Group. .

Exhibit 147—Check Pacific Fire Seemanee Cansens,

dated March 24, 1936, to R. J. Folonie, Agent.

for $1,602.17...

Exhibit 148—Check ‘ehee & Silene Sinan

Company, dated March 24, 1936, to R. J. Folonie,

Agent, for $2,060.97. A

Exhibit 149—Check of New ‘Jame theme Com-

pany, dated March 24, 1936, issued to R. J.

Folonie, Agent, for $1,402.27...

Exhibit 150—Requisition for enor: of Pacific Fire

Insurance Company, dated March 24, 1936

Exhibit 151—Memorandum of receipt of New Jersey

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 iil

Company entitled “Missouri Impound Custodian”

HARRY HALPRIN, Assistant Branch seniistatd of —

Exchange Group.

Exhibit 154—Check of Royal Sitios Assurance,

dated March 23, 1936, to C. R. Street, for $6,385.31

Exhibit 155—Page from disbursement records of Royal

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 _

HARRY G. CASPER, United States Manager of Eagle

Star and British Dominions Insurance Company...

Vol.

Page

InpDEXx I

Exhibit 157—Check Eagle Star & British Dominions

Insurance Company, dated March 24, 1936, to C. R.

Street, Agent, for $1,028. a...

Exhibit 158—Voucher of Eagle our & British ‘Dein

ions Insurance Company, dated March 24, 1936...

Exhibit 159—Page 252 from Cash Book of Eagle Star

& British Dominions Insurance deesincnsndies for month

of March, 1936... AE eres ; Re ae

JOHN R. BARRY, Vice President of Corroon & Reynolds

EVERETT W. NOURSE, United States Manager London

Assurance Corporation Group...

Exhibit 160—Check of teste ” het " dened

March 23, 1936, to Charles R. Street, Agent, for

$3,493.96 ......-..-.----

PAUL B. SOMMERS,. President, American Insurance

Company Group...

Exhibit 161—Check " paaudaition ‘a American Insur-

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 eamnunannl of Columbia Fire

Insurance Company...

THEODORE PLESSNER, President of Northern Insur-

ance Company. .......

Exhibit 164—Check a ‘Herthorn ieswenee ‘Company,

dated March 23, 1936, to C. R. Street, as for

$3,639.20 .

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 Cc. R. Street,

Agent, for $647.91... ....... Gee ae

Exhibit 166—Check of Hudson Insurance en

dated April 2, 1936, to C. R. Street, Fenecanes for

$615.66

HENRY J. WYATT, Vice President, Crum & Forster

Group ..........

Exhibit 161—Check of Crum & | ein vor : May

2, 1935, to Charles R. Street, ee for

7 eee es

Exhibit si Sintec ie diatatteation of

$5,000.00 among companies of group

XIV InDEx 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 —_ 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 ‘faswenee

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 hesaveneé Com-

pany, dated March 24, 1936, to C. R. Street, Agent,

for $2,455.62. ,

Exhibit 174—Check of Yorkshire fasprance Company,

Ltd., dated March 24, 1936, to C. R. Street, —

for $2,455.62 Santas

T. J: IRVINE, Manager and President of Phoenix As-

surance, Ltd., group... piekdied

Exhibit 175—Check of Sheentn Anions ‘Commens,

Ltd., of London, dated March 23, 1936, to C. R.

Street, Agent, for $5,226.18.

Exhibit 176—Memorandum showing ‘ poevation ‘of

payment borne by each member of the group

Exhibit 177—Memorandum — by Mr. Irvine,

March 23, 1936

Exhibit 178—Letter of i. Cannio te Mr.

‘ Erskine, dated March 23, 1936. Osten

Exhibit 179—Page from Cash Book of Phoenix. /

surance Company for month of March, 1936...

Exhibit 180—Paye from Cash Book of Phoenix As-

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

GUSTAVUS REMAK, JR., President Insurance hittin

of the State of Pennsylvania

JOHN J. P. RODGERS, Vice President and Treasurer

of Insurance Company of the State of Pennsylvania .

Vol.

Page

168

170

172

184

18S

190

194

196

200

INDEX 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

Exhibit 185—Circular letter of cimene ‘Sencntives

Association, dated March 20, 1939 ie

JOHN M. THOMAS, President National Union Fire

Insurance Company

Exhibit 186—Check Metional Galen Fire Seemsenee

Company, dated March 23, 1936, issued to Charles

R. Street, Agent, for $4,019.00...

Exhibit 188—Letter cf Mr. Street to Mr. Themes, preven

March 17, 1936...

Exhibit 189—Letter of Mr. Thomas to Mr. Street, dated

March 23, 1936... a

Exhibit 187—Check ‘coin a National ‘teen Fire

Insurance Company, dated March 20, 1936

WILLIAM C. DENT, Assistant Secretary, Potomac In-

surance Company... aah

SHELDON CATLIN, Vice President of Insurance Com-

pany of North America Group ...

Exhibit 190—Disbursement coudher “ Sennsunen om

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................. eet Bn os

(Exhibit 191a see page XXV.)

(Exhibit 191b see page XXV.)

(Exhibit 191e see page XXV.)

Exhibit 192—Page from Cash Book of the Alliance

Insurance Company, dated March, 1936

HART DARLINGTON, Manager 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 C. R. Street,

Agent, for $2,201.37

Exhibit 195—Check requisition Eagle Fire - Company

of New York, dated March 23, 1936.

XVI Inpgex I

Exhibit 196—Check Eagle Fire Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

$896.60 nue

A. T. TAMBLYN, President Lincoln Fire Insurance Com-

pany (Chicago Fire & Marine and Presidential Fire

& Marine)

Exhibit 197—Check of Lincoln Fire ‘Smeeee om

pany, dated April 15, my & ¢ advecnend —

LOUIS MOECKEL, Supervisor of the Statistical De-

partment of Continental Insurance Company group.

Exhibit 198—Memorandum ‘eentatie by Mr. Moeckel,

dated December 18, 1935... ver Pit

Exhibit 199—Letter of Mr. Sens to Mr. ‘Haid, ‘ene

Exhibit 200—Letter of Mr. Swen | to , Bae. pana dated

Exhibit 201—Letter e Mr. pome to Mr. Jones, dated

Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated

April 1, 1936 ieee

W. H. EMES, Comptroller of Continental Insurance

Company group... aes

Exhibit 203—Letter ome Mr. poe * i. - Culver,

dated April 20, 1936... etal :

CECIL F. SHALLCROSS, United States Manager of

North British & Mercantile Insurance Company group

F. W. MAASEN, Auditor of London Assurance Corpora-

tion group aa

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 Shastess of Insurance Sssutives

Association in 1935

Exhibit 208—List of Trustees of Insurance Busewtives

Association in 1936

Invex I

Exhibit 209—List of companies in Missouri Rate case

in Federal Court not affliated with Insurance Exec-

utives Association Re IS

ROBERT R. CLARK, United States Manager of

Caledonian Insurance Company

Exhibit 210—Letter of Mr. Clark to Mr. George C.

Long, dated May 3, 1935 matte

Exhibit 214—Check of Caledonian Insurance Company,

dated May 3, 1935, to Charles R. Street, Chairman,

for $2,000.00... . .

Exhibit 211—Carbon copy of letter from Chief Ac-

countant Caledonian Insurance Company to Mr.

Street, dated November 19, 1936

Exhibit 212—Letter of Mr. Street to Mr. Clark, dated

November 23, 1936 weet

Exhibit 213—Letter from Mr. Clark to Mr. Street, dated

November 25, 1936 eit

Exhibit 215—Check of Caledonian Insurance Company,

dated November 25, 1936, to C. R. Street, for $495.50

Exhibit 216—Receipt of C. R. Street, Chairman, to

Caledonian Insurance Company, for $495.50...

Exhibit 217—Copy of telegram from Mr. Street to

Mr. Long, dated May 16, 1935... Sei lias he

R. M. BISSELL, President of Hartford Fire Insurance

Company group... . Lae pence

Exhibit 218—Check of Hartford Fire Insurance Com-

pany, dated May 3, 1935, to C. R. Street, Chair-

man, for $10,000.00.

Exhibit 219—Letter of Mr. Bissel! to A. G. Dugan,

dated December 27, 1935

JOHN H. VREELAND, United States Manager of Scot-

tish Union and National Insurance Company, and

President of American Union

Exhibit 220—Check of Scottish Union and National

Insurance Company, dated May 3, 1935, to R. J.

Folonie, Attorney, for $4,000.00

Exhibit 221—Receipt of C. R. Street, Chairman, to

Scottish Union & National Insurance Company,

Gated Dhary 3, 1006... nn ence ene ene creme ceren en rerennennnee

Exhibit 222—Check of American Union Insurance Com-

pany, dated March 27, 1936, to C. R. Street, Agent,

Exhibit 223—Check of Scottish Union & National

Insurance Company, dated March 27, 1936, to & &.

Street, Agent, for $414.50... ee

Vol.

421

461

468

470

472

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 225¢ 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...

I. LLOYD GREENE, Vice President of Boston Insurance

Company group

Exhibit 229—Memoranda prepared by Mr. Greene,

’ March 21, 1936 oe

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 ine re

George G. Bulkley, dated August 3, 1939...

qa RAR &

499

501

Inpex I xIx

Vol. Page

Exhibit 235—Affidavit of George G. Bulkley, dated

August 3, 1939 Il 531

Exhibit 236—Letter from Treasurer to Paul L. Haid,

dated March 23, 1936................ Chee? eh II

Exhibit 237—Memorandum of March 24, 1936, show-

ing 5% of impoundings Springfield Fire Group II 540

Exhibit 238—Same as Exhibit 63... I 294-295

Exhibit 239—Check of Springfield Fire & Marine

Insurance Company, dated March 23, 1936, to C. R.

Street, Agent, for $15,821.52 i at II 541

Exhibit 240—Receipt from C. R. Street, a: to Mr.

Bulkley, dated March 31, 1936. es Il 542

ROBERT C. WEIGEL, Secretary and saniaitien of

the Rhode Island Insurance Company group.............- Ill 1

Exhibit 241—Check of Rhode Island Insurance Com-

pany to C. R. Street, Agent, dated March 26, 1935,

for $2,938.42 I 4

Exhibit 242—Check of Merchants Insurance Company

of Providence, dated March 31, 1936, to C. R.

Street, Agent, for $1,010.90 a Il 5

Exhibit 243—Requisition for check for $2,938.42, pay-

able to C. R. Street, Agent, March, — Ill 6

Exhibit 244—Letter from Mr. Weigel to Mr. Street,

dated March 26, 1936................--------------------- Ill 17

Exhibit 245—Letter from Mr. — to Mr. Street,

dated March 26, 1936... asks Ill 8

Exhibit 246—Letter from Mr. “Street to ) Mr. ‘Weigel,

dated March 28, 1936. ee lil 9

Exhibit 247—Letter from Collection ‘tanner to “Mr.

Street, dated March 31, 1936... III 10

i JOHN R. COONEY, President of the Firemen’s Insur-

‘ance Company group... aniae ._ WW ° 14

GILBERT KINGAN, Eastern Manager of London and

Lancashire Insurance Company and Chief Executive

of affiliated companies........ - Ill 18

Exhibit 248—Letter from J. P. “Peden | to io L

Haid, dated August 4, 1939... © III 21

Exhibit 249—Letter from J. P. “Rodgers to “Paul “a

Haid, dated August 4, 1939.......... Ill 22

Exhibit 250—Letter from Mr. Rodgers to ‘Subscribers’

Actuarial Committee, dated February 18, 1936... Ill 23

Exhibit 251—Memorandum of March 24, 1936, The =i

surance Company of the State of Pennsylvania... II 24

Exhibit 252—Letter from Mr. Rodgers to Subscribers

Actuarial Committee, dated February 19, 1936... ill 25

xx Inpex I

ESMOND EWING, Vice President and Secretary of

The Travelers Fire Insurance Company...

CLYDE P. SMITH, Secretary of the Hartford Fire In-

surance Company

Exhibit 253—Check of Hartford Fire Insurance Com-

pany, dated March 24, 1936, Lg wench en R. Street,

Agent, for $25,285.99

ROBERT D. SAFFORD, Vice President and Assistant

Secretary of The Travelers Fire Insurance Company...

Exhibit 254—Check of The Travelers Fire Insurance

Company, dated May 3, 1935, for $2,000.00, to

Charlies R. Street, Chairman.

(Exhibit 254a see page XXVI.)

Exhibit 255—Memorandum from Robert D. Safford to

Auditor Flynn, dated May 27, 1935. Psa soe

Exhibit 256—Memorandum from Mr. Safford to Mr.

' Flynn, dated February 26, 1936..

Exhibit 257—Memorandum from Mr. ‘Safford | to , See.

Flynn, dated March 25, 1936

Exhibit 258—Memoranda, dated March 24, 1936, for

Ewing -

Exhibit 259—Letter puma Ewing to Mr. Erskine, dated

March 25, 1936...

Exhibit 260—Letter fom Safford to George C. lene.

dated May 3, 1935

Exhibit 261—Memorandum prepared by Alfred Stin-

son, dated May 4, 1935

FRANK D. LAYTON, President of the National Fire

GEORGE C. LONG, JR., President of the Phoenix In-

surance Company group... -

Exhibit 262—Letter oom Mr. Bissell o . Mr. ay

Exhibit 263—Letter from Mr. Safford to Mr. Long,

dated May 3, 1935

Exhibit 264—Letter from Mr. Clark, Manager, to

Mr. Long, dated May 3, 1935___...

Exhibit 265—Letter from Alfred Stinson to Mr.

Long, dated May 4, 1935 .

Exhibit 266—Letter from Mr. Long to Mr. Street,

dated May 4, 1935...

-. Exhibit 267—-Photostatic « copy a tlepen poy Mr.

Street to Mr. Long, dated May 16, 1935... :

Exhibit 269—Photostatic copy of telegram oom, c. R.

Street to George C. Long, dated May 16, 1935

Inpvex I

Exhibit 268—Photostatic copy of telegram from H. P.

Whitman to C. R. Street, dated May 16, 1935...

Exhibit 270—Copy of letter from Ross McCain to

Mr. Street, dated May 16, 1935... eanl

Exhibit 271—Photostatic copy of telegram | oon Mr.

Long to Mr. Street, dated May 16, 1935...

JOHN F. GILLIAMS, Vice President of the Camden

Fire Insurance Company

Exhibit 272—Requisition of Camden Fire Sesusenee

Company, dated March 23, 1936, to C. R. Street,

Agent, for $2,301.59

Exhibit 273—Check of Camden Fire Insurance Cu»

pany, dated March 23, 1936, to C. R. Street,

Agent, for $2,301.59 ab

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,

I i Bi oicercoensindnaiunsiedllbe-ersiinwcrnnccsantunenstoonees

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 group...

JOSEPH K. HOOKER, Vice President of the Auto-

mobile Insurance Company group............-..--------------------

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 = ' to C. R. Street, ee dated

March 24, 1936...

Exhibit 273a—Check of eee Insurance Com-

pany for — | to C. R. Street, : dated

May 4, 1935...

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. a

man, dated May 4, 1935, for $3,500.00...

113

114

115

121

122

123

126

127

130

133

137

138

137

138

139

XXII InDEx I

Exhibit 280—Check requisition of Automobile Insur-

ance Company, to C. R. ss Agent, dated March

24, 1936, for $3,158.48_..

Exhibit 281—Voucher No. “42 ‘tor check payebie | 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...

Exhibit 282—Letter of transmittal from Alfred Stin-

son to George C. Long, dated May 4, 1935...

Exhibit 283—Memorandum re Total Impounded pre-

miums of Aetna Insurance Company Group to May

4, Twenties

Exhibit 284—Inter-office Communication dated March

24, 1936, -from Mr. Hooker to Alfred Stinson...

Exhibit 285—Copy of letter from Mr. Hooker to Mr.

Haid, dated March 24, 1936... ae

Exhibit 286—Letter from Mr. Linde to Mie. Roche,

dated July 15, 1938...

Exhibit 287—Sheet No. 39 from Journal of Aate-

mobile Insurance Company, for month of May,

Exhibit 288 Sheet No. 46 from Journal a yo

mobile Insurance — for month of May,

Exhibit 289—Sheet entitled “Legal Boe” poe

No. 97, for year 1935, Automobile Insurance Com-

pany . —

Exhibit 290—Sheet ‘No. 23 ‘fom “Journal of ae

mobile Insurance Company, month of March, 1936

Exhibit 291—Sheet No. 27 from Journal of Auto-

mobile Insurance Company, month of March, 1936

Exhibit 292—Sheet entitled “Legal Expense” Ac-

count No. 100, year 1936, Automobile Insurance

Company IPE eA oe = Rh ee AL

WILLIAM H. TALCOTT, Auditor of Scottish Union and

National Insurance Company

ROBERT J. FOLONIE, of the firm of Hicks & Folonie,

Attorneys for the Insurance Companies .............

Exhibit 293—Page No. 14 from Cash Receipts book

of firm of Hicks and Folonie, entitled “Cash Re-

ceipts,” dated May, 1935 :

Exhibit 294—Page No. 14 from Cash ‘Dicbussomente

book of firm of Hicks and Folonie, entitled “Cash

Disbursements,” dated May, 1935 ie

Ill

III

Ill

III

Ill

III

Ill

III

Ill

III

140

141-142

148

144

145

146

147-148

149

152

156

169

rv reve oy) .

InpDEx 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 i

Exhibit 297—Check of Pacific Fire Insurance Cm

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 $3,601.06 -------

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. Duboe,

I Se Bi isetenectomyniacnscttnnnennmpeuniinnonctomianeniirvetin

Exhibit 304—Statements from Missouri Snapestion

Bureau to Western Fire Insurance Company for

assessments for the years 1929-1930.........................

Exhibit 305—Statements of assessment of Blesouri

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

, i i eS

Exhibit 306—Letter dated September 2, 1931, from

Missouri Inspection Bureau to Western Insurance

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

III 179

III 181

III 200

III 201

III 202

III 203

Ill 218

III 228

III 255

III 258

III 259

III 265-272

III 274-280

III 281-282

III 284

III 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 Ill 301

Exhibit 310—Copy of letter from Mr. Gardner to

Mr. Street, dated April 1, 1936 Ill 302

Exhibit 311—Copy of letter from C. R. Street to Mr.

Jessup, dated April 4, 1936 Ill 303 &

Exhibit 312—Copy of letter from Mr. Street to Mr. "i

Gardner, dated April 4, 1936 Ill 304 Ks

Exhibit 313—Copy of letter from Mr. Jessup to Mr. YI

Gardner, dated April 6, 1936 Ill 305 F

Exhibit 314—Copy of letter from Mr. Gardner to Mr. 1

Jessup, dated April 8, 1936. Ill 306

Exhibit 315—Copy of letter from Mr. Jessup to Mr.

Gardner, dated April 9, 1936 lll 307

Exhibit 316—Copy of letter from C. R. Street to

A. L. Jessup, dated March 30, 1936.00.00. lll 308

Exhibit 317—Copy of letter from Mr. Jessup to Mr.

Street, dated April 2, 1936 Ill 308

Exhibit 318—Copy of letter from Mr. Jessup to Mor-

rison, Nugent, Berger, Byers & Johns, dated August

26, 1939 lI 309

Exhibit 319—Copy of letter from Mr. Jessup to Mor-

rison, Nugent, Berger, Byers & Johns, dated Sep-

RE Gk. Cr iiniasacananineinttitabicincteshel acter tekttcupernctcencecs Ill 317

J. L. PARSONS, President of Crum & Forster..........._—‘III 317

Exhibit 320—List of plaintiff companies —

number of each case and group affiliations... -- UI 327-331

W. R. McCAIN, President of the Aetna Insurance

Company group ll 331

Exhibit 321—Check of Aetna Insurance Cemecne,

payable to Charles R. Street, Chairman, for

$5,000.00, May 3, 1935 lll 342

Exhibit 322—Check of Aetna Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

| AS LEAL a aS RNR, Eee ae IlI 343

Exhibit 323—Memorandum prepared by G. H. Grant,

Sec. Satis: ae 350

HAROLD WARNER, President of the Royal Insurance

Company group III

Exhibit 324—Memorandum for Journal Entry, dated

June, 1935, Royal Insurance Company........................ Ill

INDEX I

Exhibit 325—Check of Royal Insurance Company,

Ltd., dated March 23, 1936, to C. R. Street, Agent,

for $12,200.40

PAUL W. TERRY, Manager of the Missouri _—

Bureau

HOMER H. BERGER, Attorney for the Insurance

Companies

BERNARD M. CULVER, President of the Continental

4 Insurance Company group... ee eeeeeeceee eens

. Exhibit 326—Check requisition of Continental he

Ms surance Company, dated May 2, 1935, for check

j 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,

Agent, for $22, 393.12 a2

Exhibit 328—Check requisition of The Continental nal

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-

ocean cerecs osavonsepennnentersbooueiesnnce

Exhibit 3la—Check of Fire Aasociation of Philadel-

phia, dated April 29, 1936, to C. R. Street, for

IE cate Watacacutounctebndnenvie

Exhibit 31b—Check of Sambonmen’s s eens Cm

pany, dated — 29, 1936, to C. R. Street, for

tf 5 fe

Exhibit 31¢e—Check p- ‘The ‘Bellense teonenes ‘Cue

pany, dated April 29, 1936, to C. R. Street, for

pS ee BAEC OL Sy PRE ERS RCE eee ea

Exhibit 31d—Check of The Reliance Insurance Cenk

pany, dated April 29, 1936, to C. R. Street, for

$479.69 a

Exhibit 191a—Check e ‘The Allene eee Com

pany of Philadelphia, dated March 24, 1936, to

C. R. Street, Agent, for $1,077.43. i

Exhibit 191b—Check of National Seourlty Fire »

surance Company, dated March 24, 1936, to C. R.

Street, Agent, for $552.19 _

Exhibit 191c—Check of Philadelphia Fire & ‘Mavine

Insurance Company, dated March 24, 1936, to C. R.

Street, Agent, for $2,553.21_.

Exhibit 4la—Check of Mercury ‘Inowresion ‘Cumeun,

dated March 31, 1936, to C. R. Street, Peasant for

$1,390.35 ............... PAE e-

Ill

III

Ill

III

Ill

III

Ill

404

410

423

424

425

428

429

430

XXVI InDEx I

Exhibit 4l1b—Check of St. Paul Fire & Marine In-

surance Company, dated March 31, 1936, to C. R.

Street, Agent, for $4,121.75

Exhibit 254a—Check of The Travelers Fire Insurance

Company, dated March 25, 1936, to C. R. Street,

Agent, for $6,738.21

Exhibit 120a—Check of Atlas Assurance Company,

Ltd., dated March 23, 1936, to C. R. Street, Agent,

for $2,159.17

Exhibit 95a—Check of National Liberty Insurance

Company of America, Special Account #3, to

C. 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 III 437-472

Exhibit 330—Certified copy of Final eae of

Aetna vs. O’Malley, December 7, 1935... ve. ITT 474-511

Exhibit 331—Copy of Certificate of Satisfaction of

Judgment on January 16, 1936_. TIT 511-512

Exhibit 332—Final Judgment in O’Malley vs. Patriotic

Ins. Co., December 7, 1935 III 513-515

Exhibit 333—List of plaintiffs not parties to motion

for restitution in Aetna vs. Hyde and not parties

to the judgment of restitution TIT 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... III 516-517

JOHN J. CAMPBELL, with the Custodian of Impounded :

Funds III

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... wee JEL 933-531

CERTIFICATE OF REPORTER, dated oe 12,

1939 .. saline ll 535

iBtipallation 1 as to checks of Union Fire ; anion ‘om

pany and Phoenix Insurance Company. im 5%

INDEX II

Alphabetical Index of Witnesses

ALLEN, GEORGE S., Chief Accountant, Svea Fire &

Life Insurance —, and oe of Hudson

Insurance Company... re

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 ae

BRADY, WALTER F., Vice President and Secretary of

Merchants Fire Assurance Corporation...

BREEN, F. J., President Standard Fire Insurance Com-

pany of New Jersey... eeer

BUCK, S. M., former Western sais i of Firemen’s

Fund Insurance ~<a ene member Subscribers

Actuarial Committee... ists

CAMPBELL, JOHN J., with the Custodian of iia lai

ND - scannbinaiens

CARTLIDGE, HAROLD T., gray United States Man-

ager Royal Insurance Company and affiliated com-

panies

CASHEL, JOHN R., Assistant Manager, Providence

Washington Insurance I ircacstants cassia dldhteaattiactaes

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 mat mernber of Subscribers

Actuarial Committee... ae ;

Vol. Page

RE FR FB oe

153

519

462

315

105

271

249

XXVIII Inpex II

CLARK, ROBERT R., Manager of Caledonian Insurance

Company

CLAUSSEN, CARSTEN, Manager Western Department,

London & Lancashire Insurance Company Group.......... is

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... A

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. a

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

InpDEx II

HENNE, ERNEST A., Chairman, Subscribers Actuarial

Committee, and Vice President Continental Insur-

HOBART, BERNARD E., Auditor, Springfield Fire &

Marine Insurance Company Group

HOBBS, — D., Secretary, Subscribers Actuarial

Committee - ees

HOOKER, JOSEPH K., Vice President of the Automobile

Insurance Company Group... oe ‘

HUBBARD, FRED A., former President of “Globe &

Rutgers Fire Insurance Company, and President Han-

over Fire Insurance Company

IRVINE, T. J., = * and President of Phoenix As-

surance, Ltd., Group..........-.....---...- alnieheeaides

KINGAN, GILBERT, Eastern Rite 4 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

| Sn

LAYTON, FRANK D., President of the National Fire

Insurance Company Group...

LERCH, W. L., — of the ; Sacieweieen Grain

Association ..............

LONG, JR., GEORGE C., President of the Phoenix In-

surance Company Group

LUCE, F. B., Vice President of the Providence Wash-

ington Insurance Company.... xed

MAASEN, F. W., Auditor of London Assurance Cor-

poration Group... letainniiin en

MARTIN, FRANK B., , formerly» with Yorkshire Insur-

ance Company Group .. eset a

xxx Inpex 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...

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...

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 Springfiel

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

Il 1

Ill 331

Ill 228

I 165, 204

II 305

I 529

II 122

Ill 317

II 145

I 109

I 212

I 228

II 220

II 225

III 21-25

Ill

II 528

II 28

II 31

Ill 115

I 334

Ill 30

InpDEx II

SOMMERS, PAUL B., President, American Insurance

Company Group

SWALLOW, GEORGE W., cueniee of the

New Hampshire Fire, and Secretary of the Granite

State Fire Insurance Company...

TALCOTT, WILLIAM H., Auditor of Scottish Union

and National Insurance Company... Vee Renee

TAMBLYN, A. T., President of Lincoln Fire Insur-

ance Company —-' Fire & Marine and Presi-

dential Fire & Marine)... Lae

TERRY, PAUL W., ccnsonnteal of the ‘Missouri + Inspection

Dee ........ —

THOMAS, JOHN M., " President of 1 National Union Fire

TREGASKIS, OSWALD, United States » tienen of Sun

Insurance Office, and President Patriotic Insurance

Company -. — sonpenveencesions

VAN HORNE, . JOHN R. einsrsines Globe & | Rutgers

Insurance Company... ;

VREELAND, JOHN H., United States paras 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 ... =

WARNER, HAROLD, President of the » Royal Insurance

Company Group...

WATERMAN, H. F., ‘Quem. "Agricultural Insur-

ance Company... sae aelicaeciadeiess

WEIGEL, ROBERT Cc. cette and Comptroller of

the Rhode Island Insurance Company Group...

WEISER, S. F., Secretary, Dubuque Fire and Marine

Insurance ee and National Reserve Insur-

ance Company. ... laced mar

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 Subscribers Actuarial Com-

IE ecittesinsiotes dae

WYATT, HENRY J., Vice paar of Crum &

Forster Group . ..

Ill

372

461

351

162

;

American Alliance Insurance

Company

American Central Insurance Com-

American Union Insurance (/om-

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

a -— Fire Insurance Associa-

Central States Fire Insurance

Company

Chicago Fire and Marine Insur-

ance Company

Citizens Insurance Company

City of New York Insurance Com-

pany

Columbia Insurance Company

(New Jersey)

Columbia Fire Insurance Com-

pany

Invex III

INDEX III

(Alphabetical Index of Plaintiff Insurance Companies.)

Name of Witness

Paul B. Sommers

H. F. Waterman

W. R. McCain

Sheldon Catlin

W. K. Emes

B. M. Culver

J. H. Vreeland

William H. Talcott

Ronald R. Martin

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

Vol. Page

Serban

Se Se See.

II 490, 510

Il 503

Ill

517

435

162

317

131

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

First American Fire Insurance

Company

Franklin Fire Insurance Com-

pany of Philadelphia

Franklin National Insurance

Company

Hart Darlington

Harry G. Casper

Walter D. Williams

Page

495

249

rT]

127

305

326

397

393

206

212

393

213

228

288

105

Lumbermen’s Insurance Company

Manhattan Fire and Marine In-

surance Company

Massachusetts Fire and Marine

Insurance Company

of Philadelphia

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

oO. E, Lane

Everett W. Nourse

F. A. Maasen

William H. Koop

Herbert A. Clark

John R. Cooney

XXXVI

Mechanics and Traders Insurance

Company

Merchants Insurance Company

Merchants Fire Assurance C-

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 II

Name of Witness

e 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

Frank 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

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

Ill 297

I 165, 204

I 168

Ill 430

I 279

I 300

II 528

I 249

Ill 14

Ill 84

III 127

I 249

III 14

I 136

II 5

I 422

Ill 434

I 213

I 228

II 271

lil 428

Il 243

I 462

III 351

I 279

I 300

Il 528

III 115

Ill 126

II 15

Il 442

Til 30

I 20

II 305

Il 326

III 397

I 337

II 145

II 162

Ill 317

II 442

III 30

InDeEx 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.

Potomac Insurance Company of

the District of Columbia

Presidential Fire and Marine In-

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

Security Insurance Cc_n 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

Joseph K. Hooker

XXXVII

Standard Fire Insurance Com-

pany of New Jersey

ae A Insurance Company of Amer-

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

See Stipulation, Vol. IT, page 536).

Insurance

United Firemen’s

Company of 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,

{f°

InpEx III

Name of Witness

J. F. Breen

Harold T. Cartlidge

Harold Warner

John Koenig

Halprin

E. W. Elwell

C. A. Siedel

Oswald Tregaskis

Herbert A. Clark

John R. Cooney

George S. Allen

S. Clarence Kline

R. V. A. Baker

George H. Bell

Frank D. Layton

Esmond Ewing

Robert D. Safford

R. M. Bissell

Clyde P. Smith

W. L. Lerch

F. W. Koeckert

Everett W. Nourse

F. W. Maasen

T. J. Irvine

Henry J. Wyatt

i Parso

mn 8 888 8.

InpDEx IV

INDEX IV

Exhibits (Chronologically As to Dates Thereof)

1929-1930

Exhibit 304—Statements from Missouri Inspection

Bureau to Western Fire Insurance ow for

assessments for the years 1929 and 1930... ae

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... Pee

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 — * of Ac-

tuarial Committee, March 19, 1935... as,

APRIL 30, 1935

Exhibit 26—Extract from Minutes of Meeting of Ac-

tuarial Committee, April 30, 1935 ionbass

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

MAY 2, 1935

Exhibit of Continental Insurance Company,

payabld to Chas. R. Street, Chairmen, anep May 2,

1935, ameurit $15,000.00

Exhibit of Home Insurance Company, dated

May 2, , payable to Chas. R. Street, Chairman,

amount $15,000.00

Vol. Page

III 265-272

III 281-282

III 274-280

II 362-364

XL INDEX IV

Exhibit 96—Order by Mr. Kurth for check payable to

C. R. Street, Chairman, dated May 2, 1935, amount

$15,000.00

Exhibit 97—Order for check gagebie e Cc. R. Street,

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

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

Exhibit 111—Page from Cash Book of Commercial Union

Assurance Company, dated May 2, 1935___.

Exhibit 112—Ledger sheet of Commercial al “As-

surance Company, entitled “National and Local

Boards,” dated May 2, 1935

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, howleg

distribution of $5,000.00 among companies of Crum

& Forster Group

Exhibit 169—Carbon copy of check and office waier e

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, — to Chas. R.

Street, Chairman, for $15,000.00_.. Ss

MAY 3, 1935

Exhibit 210—Letter from Mr. Clark to Mr. George C.

Long, dated May 3, 1935.

Exhibit 214—Check of Caledonian Insurance lieaiias

dated May 3, 1935, payable to Charles R. Street,

Chairman, amount $2,000.00

Exhibit 218—Check of Hartford Fire Insurance Com-

pany, dated May 3, 1935, payable to C. R. Street,

Chairman, amount $10,000.00

Exhibit 220—Check of Scottish Union and National

Insurance Company, dated May 3, 1935, payable to

R. J. Folonie, Attorney, amount $4,000.00

Ill

InNDEx IV

Exhibit 221—Receipt of C. R. Street, Chairman, to

Scottish Union & National Insurance Company,

dated May 3, 1935

Exhibit 254—Check of The Seevelers Fire Insurance

Company, dated May 3, 1935, amount —_ 00, to

Charles R. Street, Chairman...

Exhibit 260—letter from Mr. Safford t to » Gene c. ‘lon

dated May 3, 1935.

Exhibit 262—Letter from Mr. Bissell to Mr. Long,

dated May 3, 1936. _______._______.....

Exhibit 263—Letter from Mr. Safford to Mr. Long,

dated May 3, 1936_________.

Exhibit 264—Letter from Mr. Clark, wenden to Mr.

Long, dated May 3, 1935 .. .

Exhibit 321—Check of Aetna lnsuvence ‘Campeng,

payable to Charles R. Street, Chairman, amount $5,-

000.00, dated May 3, 1935. oe tres

MAY 4, 1935

Exhibit 261—Memorandum prepared by Alfred Stin-

son, dated May 4, 1935.

Exhibit 265—Letter from Alfred Stinson to Mr. ‘tom,

dated May 4, 1935...............----

Exhibit 266—Letter fom Mr. Long to Mr. Street, dated

May 4, 1935..............--- EINE a EN ERT ET OE TEN

Exhibit 278a—Check of Automobile ‘fasumeneo Cor

pany, payable to C. R. Street, Agent, dated May 4,

1935, amount $3,500.00_....._____--.---------—--------------

Exhibit 278c—Endorsement on Check of Automobile

Insurance Company Exhibit 278a_...

Exhibit 279—Check requisition of Automobile Insurance

Company of Hartford, to C. R. Street, Chairman,

dated May 4, 1935, amount $3,500.00... ;

Exhibit 281—Voucher No. 42 of Automobile ‘Sesenense

Company, for check payable to C. R. Street, Chair-

man, for $3,500.00, dated May 4, 1935

Exhibit 282—Letter of transmittal from Alfred Stinson

to George C. Long, dated May 4, 1935... aed

Exhibit 287—Page No. 39 from Journal “a Autesndhile

Insurance Company, dated May 4, 1935...

Exhibit 295—Check of Phoenix Insurance Company,

payable to R. J. Folonie, Attorney, dated May 4, 1935,

amount $6,500.00. _...._-----------—-—--------=-----

MAY 7, 1935

Exhibit 33—Check of National Fire Insurance Company,

dated May 7, 1935, to Hicks & Folonie, Attorneys,

amount $5,000.00... Ils ns —

Ill

470

138

139

141-142

143

149

181

InpEXx 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,

A I i

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, 1935.00.00

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. Street,

dated May 17, 1935

III

179

169

410

INDEX IV

MAY 18, 1935

Exhibit 2—Memorandum Agreement (settlement agree-

ment) dated May 18, 1935, between R. Emmet we

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 lemme

Bureau to agents, dated June 12, 1935... ime

JUNE, 1935

Exhibit 324—Memorandum for Journal Entry, dated

June, 1935, Royal Insurance Company

JULY 9, 1935

Exhibit 18—Extract from Minutes of we 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 21—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, O’Malley vs. Patriotic In-

surance Company, December 7, 1935

DECEMBER 18, 1935

Exhibit 198—Memorandum prepared by Mr. Moeckel,

dated December 18, 1935

Ill

III 474-511

III 513-515

XLIV INDEX 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 ae

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

Exhibit 4—Declaration of Trust dated February 7, 1936,

executed by Charles R. Street and Robert J. Folonie

FEBRUARY i18, 1936

Exhibit 250—Letter from Mr. Rodgers to Subscribers

Actuarial Committee, dated February 18, 1936...

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

III 511-512

III

447

171

InpEx IV XLV

Vol. Page

MARCH 12, 1936

Exhibit 27—Copy of letter from Mr. Powrie to O. E.

Lane, dated March 12, 1936... eee eo I 112

MARCH 13, 1936

Exhibit 28—Voucher receipt to Fire Association of

Philadelphia by C. R. Street, Chairman, dated March

13, 1936 = I 116

Exhibit 28a—Check of Fire Association of Philadelphia,

dated March 13, 1936, to C. R. Street, for $1,712.82. Ill 436

Exhibit 29—Letter from Mr. Powrie to C. R. Street, trans-

mitting check for $1,712.82, dated March 13, 1936_._. I 120

Exhibit 37—Letter to C. R. Street from C. A. Dosdall,

dated March 13, 1936... al I 174

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 I 180

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 I 181

Exhibit 53—Memorandum from Mr. Clark to Miss Bircher

dated March 13, 1936 I 260

MARCH 17, 1936

Exhibit 10—Letter from C. R. Street to Walter D. Wil-

liams, dated March 17, 1936 I 81

Exhibit 11—Letter from C. R. Street to Walter D. Wil-

liams, dated March 17, 1936 I 82

Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated

March 17, 1936 II 247

MARCH 18, 1936

Exhibit 64—Check of Underwriters Grain Association,

dated March 18, 1936, payable to C. R. Street, Agent,

amount $2,070.98 I 310

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 I 209

Exhibit 65—Letter from C. R. Street to W. L. Lerch,

dated March 19, 1936 I 312

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 II 42

XLVI InpEx IV

Exhibit 141—Order for check to C. R. Street, Agent,

dated March 20, 1936, amount $2,877.38...

Exhibit 142—Letter of Glens Falls Snswenee ‘Company

to Mr. J. D. Erskine, dated March 20, 1936... 3

Exhibit 187—Check requisition of National Valen 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: Supenses”

Commercial Union Assurance Company, dated March

Re RES SE

Exhibit 143—Check of Agricultural Insurance Company,

dated March 21, 1936, payable to C. R. Street,

Agent, amount $2,049.89; also receipt from C. R. Street,

Agent

Exhibit 145—Letter of Mr. Waterman to C. R. Street,

dated March 21, 1936

Exhibit 161—Check requisition of American Insurance

Company, dated March 21, 1936

Exhibit 162—Check of American Insurance Company,

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, ieinnaed to

C. R. Street, Agent, amount $6,419.41... se

Exhibit 179—Page from Cash Book of ‘Paeenlz i

surance Company, dated March 21, 1936... “

Exhibit 180—Page from Cash Book of Paeenin to

surance Company, opposite Exhibit 179...

Exhibit 183—Page 177 of Cash Book of ‘taswenee

Company of the State of —— dated March

21, 1936...

Exhibit 199—Letter of Mr. preaaety to he. “Haid, pow

March 21, 1936... :

Exhibit 200—Letter won Mr. ‘on to Mr. pao

dated March 21, 1936.

Exhibit 226—Letter of Mr. Dominick to Mr. Hewett,

dated March 21, 1936... 3

Exhibit 228—Letter hom Mr. parry = “Mr. ‘Haid,

dated March 21, 1936... Be

Exhibit 228a—Check of “Boston feswenee Campeny,

dated March 21, 1936, to C. R. Street, om amount

Vol.

Ill

ys wet

521

InDEX IV

Exhibit 229—Memoranda prepared by Mr. Greene,

dated March 21, 1936

Exhibit 274—Check of New Hampshire Fire Snswenee

Company to C. R. Street, Agent, amount $4,652.18,

dated March 21, 1936 Sani

Exhibit 275—Memorandum of telephone conversation

from Paul L. Haid to J. D. Smart, dated March 21,

| eae

Exhibit 276—Letter om m= Gucilow t to ah ary <

Haid, dated March 21, 1936...

Exhibit 327—Check of The “Continental ‘Iesepenes

Company, dated March 21, 1936, to C. R. Street,

Agent, amount $22, 323.12

Exhibit 328—Check requisition of The Continental’ »

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 Cc. BR.

Street, Agent, amount $1,302.56

Exhibit 15—Letter transmitting checks to Mr. C. R.

Street, dated March 23, 1936 eB ey Pere IEP ae

Exhibit 70—Memorandum by Mr. Barbour, dated March

23, 1936 ne

Exhibit 71—Check of Northern Assurance Company,

dated March 23, 1936, issued to C. R. Street, Agent,

amount $4,910.48... saiinddeadandaslidirunganletandicndaleandticnndiniesie’

Exhibit 95—Check of Home Insurance Campeny Special

Account No. 3, dated March 23, 1936, payable to

C. R. Street, Agent, amount $28,682.14 .

Exhibit 95a—Check of National Liberty Snsurence Com

pany of America, Special .Account No. 3, payable to

C. R. Street, Agent, dated March 23, 1936, amount

$4,260.39 _......... MALES. SES AER Re eae a CD

Exhibit 98—Order for check to C. R. Street, _—

dated March 23, 1936, amount $28,682.14 ..

Exhibit 100—Memorandum from Mr. Van ‘Terne 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...

Vol.

Ill

XLVII

Page

507

121

122

123

410

412

360

430

434

XLVIII InpEx IV

Exhibit 106—Memorandum as to impoundings onan

Insurance Company Group, March 23, 1936...

Exhibit 107—Memorandum from Paul L. Haid 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 ‘Senever ‘Fire eee Comme,

dated March 23, 1936, payable to R. J. Folonie, Agent,

for $4,116.48 . :

Exhibit 122—Letter oon Vice President of Sesoves Fire

Insurance Company to C. R. Street, Trustee, dated

March 23, 1936

Exhibit 123—Letter from Mr. Coffill to Mr. ‘ftom, dated

March 23, 1936... Sides

Exhibit 136—Check " peguidiion, “Patriotic ‘ieee

Company, to R. J. Folonie, Agent, dated March 23,

1936, amount $249.31

Exhibit 137—Check of Patriotic lnswwanee Compene,

dated March 23, 1936, payable to R. J. Folonie, Agent,

amount $249.31. ent aa

Exhibit 138—Check seniitien pony on femsenes Oftice,

payable to R. J. Folonie, Agent, dated March 23,

1936, amount $3,591.06...

Exhibit 139—Check of Guayvesnnt Insurance Canmene,

dated March 23, 1936, payable to C. R. Street, amount

$1,171.41 .

Exhibit 144—Letter from C. R. Street to Mr. Woterthen,

dated March 23, 1936... “

Exhibit 154—Check of “Royal "‘Quhenee hmaenee

dated March 23, 1936, to C. R. Street, for $6,385.31

Exhibit 160—Check of London Assurance 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, : o for

$3,639.20 _......

Exhibit 175—Check of Phoenix urance Cemeane,

Ltd., of London, dated March 23, 1936, to C. R.

Street, Agent, for $5,226.18 . EES SF a

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. ane

Exhibit 178—Letter of Mr. Cunningham & to Mr. ‘Erskine,

dated March 23, 1936 ;

Vol.

Ill

Page

433

148

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 nc eemenennnens

Exhibit 189—Letter from Mr. Thomas to Mr. Street

dated March 23, 1936. ”

Exhibit 193—Check soquisitien 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... aa

Exhibit 196—Check of Eagle Fire Insurance Compang,

dated March 23, 1936, —_ to C. R. Street, Agent,

_ Exhibit 236—Letter poy ‘Frecower to Paul L. Haid,

dated March 23, 1936 i.

Exhibit 239—Check of Springfield Fire & Marine Seu

ance Company, dated March 23, 1936, to C. R. Street,

ee ee

Exhibit 9s~-Reeuidihe « of Camden Fire Insurance Com-

pany, dated March 23, 1936, to C. R. — ae

for $2,301.59...

Exhibit 273—Check of Camden Fire Insurance is dedianein

dated March 23, 1936, to C. R. Street, — } for

$2,301.59

Exhibit 300—Check of Sun Insurance aie; 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 ee ad G. H. esi

Exhibit 325—Check of ¢ Royal Insurance cee Ltd.,

dated March 23, 1936, payable to C. R. Street, Agent,

amount $12,200.40

mandi fits pitnrmemeaiees

Exhibit 44—Memorandum —* Mr. S. F. ew dated

March 24, 1936. a

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 .

113

L InDEX IV

Exhibit 63—Letter from F. A. - Seanpaniace to John C.

Harding, dated March 24, 1936...

Exhibit 238—Same as Exhibit 63.. : .

Exhibit 66—Check of London & Laneashive 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 Company,

dated March 24, 1936, payable to C. R. Street, Agent,

amount $495.38

Exhibit 69—Check of Law, Union & Rock Insurance

Company, dated March 24, 1936, payable to C. R.

Street, Agent, for $1,307.63

Exhibit 72—Check of London & Scottish Aenmenee

Corporation, dated March 24, 1936, payable to Northern

Assurance Company, Ltd., amount $673.33

Exhibit 76—Check of Standard Fire Insurance Canpeng,

dated March 24, 1936, payable to C. R. Street, Agent,

amount $2,891.02

Exhibit 78—Page 116 of Cash Book - Standard Fire In-

surance Company of New Jersey, dated March 24,

Exhibit 83—Check ssenddtien, Great American Insur-

ance Company, issued to C. R. Street, — dated

March 24, 1936, amount $5,997.00...

Exhibit 117—Check of Potomac Snousenen ‘Comoen.

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, Pocemee Insurance

Company, dated March 24, 1936, to C. R. Street, Agent,

amount $2,450.74... ...

Exhibit 120—Letter from Mr. Barry to Mr. Schoen, dated

March 24, 1936. eS

Exhibit 147—Check of Pacific Fire heumee ‘Campane,

dated March 24, 1936, to R. J. Folonie, Agent, amount

$1,602.17

Exhibit 148—Check of Bankers & Shippers Sasusuneo

Company, dated March 24, 1936, to R. J. Folonie,

Agent, amount $2,060.97... att

Exhibit 149—Check of enn ioe ‘fees Com-

pany, dated March 24, 1936, ——" to R. J. Folonie,

Agent, amount $1,402.27 a ipeties a

Vol. Page

I 294-295

323

324

325

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, 1936.00

Exhibit 153—Journal page of Pacific Fire Insurance Com-

pany, entitled “Missouri Impound Custodian,” dated

j ER oe eee ee

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

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 Insurance Com-

pany of North America, dated March 24, 1936.

Exhibit 191—Check of Insurance Company of North

A..rerica, dated March 24, 1936, to C. R. Street,

Agent, amount $8,903.39

Exhibit 191la—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 In-

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 [Seon

Exhibit 251—Memorandum of March 24, 1936, The In-

surance Company of the State of Pennsylvania.

III

112

114

194

540

LII INDEX IV

Exhibit 253—Check of Hartford Fire Insurance Com-

pany, dated March 24, 1936, — to C. R. _—

Agent, amount $25,285.99...

Exhibit 258—Memoranda, dated ‘March 24, "1936, ‘fe

Es cacao reece oni erricanean anneenserren.

Exhibit 278—Check of Automobile tnewwenee Company,

payable to C. R. Street, Agent, dated March 24, 1936,

amount $3,158.48..

Exhibit 278b—Endorsement on deotk 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_........

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,

ae Sk. ee eeenee

Exhibit 298—Check of Bankers & Shippers henna

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,

Or Oke ae ee

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. . :

Exhibit 47—Check of National Recieve py om

pany, dated March 25, 1936, payable to C. R. Street,

Agent, amount $676.06 .

Exhibit 55—Check of Cencenilie Fire Smee om

pany, dated March 25, 1936, payable to C. R. Street,

Agent, amount $2,858.24

Exhibit 56—Check of Firemen’s Snewenee Compan,

dated March 25, 1936, — to C. R. Street, —

amount $6,162.33 ..

Exhibit 57—Check of Girard Sue a per _

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, amount $1,820.25 LEAR

Vol.

III

Ill

III

Page

62, 63

137

+45 2a sane ae

sults hei

InDEx IV

Exhibit 58—Check of Mechanics Insurance Company of

Philadelphia, dated March 25, 1936, payable to C. R.

Street, Agent, amount $387.17... EUS TE eR Rn

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 Sasue-

ance Company, dated March 25, 1936, payable to C. R.

Street, Agent, amount $1,359.93...

Exhibit 61—Check of Superior Fire Tnemenee 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 a ‘Senden Fire Assurance Cor-

poration, dated March 25, 1936, payable to C. R. Street,

Agent, amount $3,012.99

Exhibit 75—Page 125 of the ened an Rok a

Merchants Fire Assurance Corporation, dated March

25, 1936...

Exhibit 85—Check of Great inntns Insurance Com-

pany, dated March 25, 1936, inden to C. R. Street,

Agent, amount $5,997.00...

Exhibit 124—Letter from Mr. pare 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, “—

for $1,792.86...

Exhibit 227—Receipt of c. R. ‘Street t to ) Ola 4 Colony »

surance Company, dated March 25, 1936 . .

Exhibit 227a—Receipt of C. R. Street to Boston Insur-

ance Company, dated March 25, 1936... a2

Exhibit 254a—Check of The Travelers Fire ee

Company, dated March 25, 1936, to C. R. Street,

Agent, amount $6,738.21 . es :

Exhibit 257—Memorandum from Mr. Safford to Mr.

Flynn, dated March 25, 1936...

Exhibit 259—Letter from Mr. albiaie to Mr. _ Ervine,

dated March 25, 1936 :

Vol.

III

LIII

Page

271

272

381

INDEX IV

MARCH 26, 1936

Exhibit 62—Inter-Office communication from B. E. Hobart

to George B. Bulkley, dated March 26, 1936

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 C. R.

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

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 C. R.

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

INDEX 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 Campens,

dated March 31, 1936, to C. R. Street, Agent, for

SEONe en eo

Exhibit 41b—Check of ‘St. wry Fire & Marine Insur-

ance Company, dated March 31, 1936, — to

C. R. Street, Agent, for $4,121.75... ~e

Exhibit 146—Letter of Charles R. Street e Royal

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... i

Exhibit 247—Letter from Collection | Manager to Mr.

Street, dated March 31, 1936... oar 2

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

Cm _..............

Exhibit 126—Page panty pm Renditennes 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 om Qua Cash Book, Wanton

Department, Hanover Fire Insurance Company, month

of March, 1936 é

Exhibit 130—Page from General Cash Book, Hanover

Fire Insurance Company, March, 1936

Exhibit 132—Page from General Cash Book, Western

Department, Hanover Fire Insurance ict month

of March, 1936... =

Exhibit 135—Monthly ‘Resort, ‘Wee ‘eee

Hanover Fire Insurance ew month of March,

eS RR Sa ae ae aa ce ee Nese UE Gara

Vol. Page

LVI InDEXx IV

Exhibit 163—Check requisition of Columbia Fire In-

surance Company, month of March, 1936... ake

Exhibit 291—Sheet No. 27 from Journal of Autemhiin

Insurance Company, month of March, 1936...

APRIL 1, 1936

Exhibit 41—Letter from C. A. Dosdall to C R. 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

avfige SB>plagion Vol. page 696,

Exhibit 311—Copy of letter from C. R. Street to Mr.

Jessup, dated April 4, 1936...

Exhibit 312—Copy of letter fom ry Qn to “Mr.

Gardner, dated April 4, 1930_______.__.__.._.........

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 April 9, 1936

Vol.

III

Ill

III

Ill

Page

143

149

184

325

302

185

159

160

308

303

304

305

105

300

301

306

1p RED et Ain tr tne EM Be

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 besa 15, 1936, to C. R. _— —

for $694.52.. na

APRIL 16, 1936

Exhibit 6—Letter from Mr. Culver, President, Con-

tinental Insurance Company, to Mr. — Vice

President, dated April 16, 1936... a EE

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. steanecnaiin dated

April 20, 1936... pee. om int

APRIL 27, 1926

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 31b—Check of Lumbermen’s Insurance Com-

pany, dated —* 29, 1936, to C. R. Street, amount

cb 5. ae

Exhibit 31c—Check of The Reliance Insurance Com-

pany, dated April 29, 1936, to C. R. Street, for $794.78

Exhibit 3l1d—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 a" 1936, ow * to C. R. Street,

Agent, for $1,693.63... anu oath a

JUNE 4, 1936

Exhibit 230—Letter from Mr. Dominick to Mr. Street,

dated June 4, 1936. ee

Ill

512

301

340

131

125

423

424

425

426

253

510

LVIII INDEX 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,

Chicago, dated July 24, 1936.00.00

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 —* 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 i. - F Dende.

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..................... eee

Page

106

514

332

393

331

333

106

132

426

<n rie ee Ray

winches so

“ehagiwekios

ie UA Goth eS

INDEX IV

NOVEMBER 23, 1936

Exhibit 212—Letter of Mr. Street to Mr. Clark, dated

November 23, 1036............................ =

NOVEMBER 25, 1936

Exhibit 213—Letter from Mr. Clark to Mr. Street,

dated November 25, 1936... A

Exhibit 215—Check of Caledonian Insurance i lieelaie

dated November 25, 1936, to C. R. Street, for $495.50

Exhibit 216—Receipt of C. R. Street, Chairman, 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 entitled “Missouri Impounded

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 ... 0

Exhibit 292—Sheet entitled “Legal Expense” Account

No. 100, year 1936, Automobile Insurance Company ....

SEPTEMBER 21, 1937

Exhibit 224—Letter to Scottish Union & National

Insurance Company from Internal Revenue “o-.

dated September 21, 1937

Exhibit 224a—Report of Internal Revenue Agent en-

closed with Exhibit 224. eels ; cides

DECEMBER 28, 1937

Exhibit 301—Letter from C. R. Street to Mr. Folonie,

dated December 28, 1937 see = —

JULY 15, 1938

Exhibit 286—Letter from Mr. Linde to Mr. Roche, dated

July 15, 1938

FEBRUARY 24, 1939

Exhibit 329—Report of Robert J. Folonic, Surviving

Trustee, and Ernest A. Henne, Successor Trustee,

dated February 24, 1939. on

MARCH 20, 1939

Exhibit 185—Circular letter of Insurance Executives

Association, dated March 20, 1939... sis

LIX

Vol. Page

II 428

II 429

II 431

II 433

I 107

I 393

II 407

III 149

II 483

II 484

III 218

III 147-148

III 437-472

II 239

InpDEx 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 3, 1939.00...

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,

1939

SEPTEMBER 1, 1939

Exhibit 319—Copy of letter from Mr. Jessup to Morrison,

Nugent, Berger, Byers & Johns, dated September 1,

1939 _._...

SEPTEMBER 12, 1939

Certificate of Reporter, dated September 12, 1939. .

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..... 7

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...

III 523-531

INDEX IV

Exhibit 134—Page from Ledger of Hanover Fire Insur-

ance Company, entitled “Legal ew Years

1935-36

Exhibit 204—Extract oom ‘Articles: a ‘Atsedetion of

Insurance Executives Association, showing purposes

Exhibit 206—List of companies arranged as to groups,

showing 11% payment total impounded ——

and 5% of impounded premiums ....

Exhibit 209—List of companies in Missouri Rate Case in

Federal Court not affiliated with Insurance Executives

Exhibit 320—List of plaintiff c companies 2 thowinn munber

of each case and group affiliations

Exhibit 333—List of plaintiffs not parties to motion for

restitution in Aetna vs. den and not parties to the

judgment of restitution...

Exhibit 334—List of companies ‘Ges | were parties plain-

tiff in Aetna vs. Hyde, but were not _— —

in any of the Federal Court cases . ee

II 15

II 360

II 366-370

II 408

III 327-331

III 515-516

III 516-517

Ronatp R. Martin—Dr1rect 1

RONALD R. MARTIN, being produced, sworn and ex-

amined as a witness on behalf of the defendants,

testified as follows:

Direct Examination by Senator Hollingsworth.

Q.1. State your name, please. A. Ronald R.

Martin.

Q.2. Mr. Martin, what is your residence? A. It

is in Montclair, New Jersey.

Q.3. What is your connection with the Atlas In-

surance Company, Ltd.? A. United States manager and

member of its local board of directors.

Q.4. What was your connection with this company

in 1935 and 1936? A. The same, sir.

Q.5. You knew that a compromise of this case was

effected in May of 1935, did you not? A. I know there

was one, and I presume it was in May; it was about

that time.

Q.6. You were familiar, were you, with the terms

and provisions of that compromise agreement? A. Yes.

Q.7. You knew that a federal court decree was en-

tered thereafter, I believe in February of 1936? A. I

knew that one was about that time.

Q.8. Do you recall receiving a letter from, I believe,

the Subscribers’ Actuarial Committee, addressed to all

of the companies setting forth the terms and provisions

of that compromise? A. I undoubtedly do. I don’t re-

member specifically about it. I can answer your last

question more specifically, I just have that Missouri rate

circular of February 4, 1936.

Q.9. Mr. Martin, did you have any information

about a $100,000.00 fund being raised in May of 1935?

A. Absolutely not, sir.

Q.10. Did your first information as to that fund

come after the grand jury investigation in Kansas City?

A. I never even heard a suspicion there had been such

a thing until I happened to be talking to our attorney

here a week ago.

Q.11. Now, I believe your office received in 1936

1l per cent remittance out of the 30 per cent fund? A.

It did, sir.

Q.12. That was paid here in New York? A. It

was sir.

Ronatp R. Martrin—DIrRect

Q.13. Then apparently your office received a let-

ter from Mr. Schoen sometime prior to March 24, 1936,

Mr. Schoen being your manager in Chicago? A. Yes,

sir.

Q.14. Do you have the original of that letter of

March 24, 1936? I have before me a letter which ap-

pears to be a reply to that, but I don’t have the original

letter. A. I doubt, sir, if I have the original letter

here.

Q.15. Do you have a copy? A. I don’t believe I

have it with me, sir.

(A copy of a letter, handed to the reporter, was

marked for identification as ‘Defendants’ Exhibit 120,

EFM.”)

Q.16. I show you Defendants’ Exhibit 120, and I

offer that now in evidence, which letter purports to be

a copy of a letter written by a Mr. Barry, I believe it is.

A. t is correct, sir.

(Which said Defendants’ Exhibit 120, so offered in

evidence, having been previously duly marked, is in

words and figures as follows: )

New YORK

March 2th, 1936.

rther payment on the impoundings made up to April 30th, 1935 and represented

Ng of our premiums impounded to that date.

The premium figures used by the Trustee were $3,183.1;7, whereas

your letter of January 30th, this year, the amount that you had impounded

ith the State up to July 15th (which we assume ete gee the undeposited

premium collections to April 30th, 1935) was $,,98).61 and we are wondering

hich of the two sets of figures are correct.

Upon instructions from the representative of the Trustee we were

ed to return to the ee eg | a check in the amount of $2,159.17 representing

$ of the impoundings of $3,183.17. The check was made payable to C. R. Street,

gent, representing the Attorneys! share of. this recent payment.

Both the above items have been entered in our books here as a debit

nd credit to Branch Remittance; the payment of $4,750.17 should be earmarked and

eredited to "Missouri Impounded Premiums" as a further payment on account as above

tated, The amount of $2,159.17 should be earmarked and charged against "Missouri

Irpounded Premiums" with a notation that it represents Attorneys! fees.

Will you kindly check the above premiums quoted by the Trustee and

0 the amount quoted in your letter of January 30th, this year, and advise us

he correct figures.

Yours very truly,

4 RonaLp R. Martin—DIREcT

Q.17. Can you refer to the contents of that letter

and testify as to the matters related in the letter? A.

Yes, sir, I believe I can give you a clear cut statement as

to that.

The Special Master: Before you do that, let me read

this exhibit. (Said exhibit handed to the Master.)

Q.18. All right, just go ahead, Mr. Martin. A. It

is to this effect, sir, that on the morning of March 23,

1936—please don’t hold me down to the minutes or exact

dates; I am trying to give this story—I received a tele-

phone call from Mr. Haid. The exact conversation, of

course, I don’t remember, but it was to this effect; that

there was a rebate of 11 per cent of $43,183.47, for

which he had a check in hand, and he was sending it up

to me, and as there were some unadjusted expenses, or

whatever it was that he did say, that I cannot recall, that

he wanted a check drawn for 5 per cent of that amount,

which amounted to $2,159.17, to be issued in the name of

C. R. Street, Agent. On receipt of that telephone message

—this is the memorandum, sir, that I made. I have dis-

covered it since I submitted these original papers, and

I can recall calling Mr. Barry, who is our secretary in

charge of financial matters, and telling him that I had

agreed to do this, and that a messenger would bring this

check to our office, and that we were to have ready a coun-

ter-check of $2,159.17, to deliver in the name of C. R.

Street, Agent. I think, sir, that covers everything that

the letter refers to, except the slight difference in the

amount which has been verified and rechecked.

Q.19. I notice in the first paragraph of this letter

addressed to Mr. Schoen, dated March 24, 1936, it says,

“Referring to your letter of the 12th instant, we beg to

advise you that a representative of the Trustee in the

above case turned over to us a check in the amount of $4,-

750.17, with the explanation that this check was a further

payment on the impoundings made up to April 30, 1935,

and represented 11 per cent of our premiums impounded

to that date.” Who was the representative of the trus-

tee? Was that Paul L. Haid? A. That is the only repre-

sentative I know, sir.

Q.20. And I notice on the typewritten part of this

letter or copy—I think it appears on the photostatic copy—

a mark made there in the form of a star, and then down

here appears these words, “Actually a representative of

‘the powers that be.’” In whose handwriting are these

RonaLtp R. Martin—Dr1rect 5

words, “Actually a representative of ‘the powers that

be’”? A. Frank J. Barry’s.

Q.21. Who are “the powers that be”? A. I haven’t

the faintest idea what was in Mr. Barry’s mind when he

wrote that, sir.

Q.22. But Mr. Barry had put on the letter up here,

a star for reference to a foot note? A. Yes.

Q.23. That is what you would interpret that to be,

after the word “trustee,” and then after that he had

added these words, “Actually a representative of ‘the

powers that be’”? A. Yes.

Q.24. You understand that the representative of the

trustee was Paul L. Haid? A. I do, sir.

Q.25. But you can’t throw any light on Mr. Barry’s

notation in the letter that this representative of the trus-

tee was “Actually a representative of ‘the powers that

be’”? A. Only to this extent, sir: I might say that

any information that Mr. Barry got in this matter must

have been from me, because there is no other contact that

I ever heard of or have been aware of.

Q.26. I understand that, but do you know and can

you tell us who he meant by “the powers that be’’?

The Special Master: I would not pay much attention

to what he said anyhow. I could conclude as well as

he could, if he did not write it on there.

Senator Hollingsworth: Sir?

The Special Master: I could conclude what Mr. Barry

meant just as well as he could, unless he wrote it on

there or unless he told Mr. Barry to write it on there.

Senator Hollingsworth: That is true, unless the

powers that be are generally known in the office of

the Atlas Assurance Company, and if you know who they

are, that is all I want to know.

Q.27. Do you know who “the powers that be”

are? A. In the Atlas Assurance Company?

The Special Master: Or the insurance world. Is

there anybody commonly referred to by that name that

you know of?

A. Generally, no, sir.

Q.28. (By Senator Hollingsworth) So you don’t

know and you can’t give us any information as to whom

he meant by that notation? A. I cannot, sir.

Q.29. Mr. Barry is where? A. He is in northern

New Jersey some place on vacation. He will be back in

New York next Monday.

6 Ronatp R. Martin—DIREcCT

Q.30. Now, there appears to be some confusion in

figures in the correspondence here, but I won’t go into

that. A. I think, sir, that has all been straightened out.

The Special Master: It is immaterial, isn’t it?

Senator Hollingsworth: I think so, and I won’t go

into it.

The Special Master: We do not care anything about

that slight discrepancy in the figures. The letter is

simply confirming the first figure, of $43,000.00.

Q.31. When Mr. Haid called on you for the 5 per

cent, as I understand he did— A. (Interrupting) Yes,

sir.

Q.32. (Continuing) —just tell as fully as you can

what he said about what it was for. A. First, sir, the

conversation was a short one, and I can’t report his con-

versation word for word, but the impression remains in

my mind something about that, “Ronnie,” which is the

name he usually calls me over the telephone, “I have a

check in hand for a certain amount representing 11 per

cent of the impounded premiums which is due to you

and because of’—I don’t know whether he said, “ad-

ditional expenses” or what he did say actually—‘“‘there is

5 per cent of this amount on which that is based, to be

returned in the form of a check addressed to Mr. C. R.

Street, Agent.”

Q.33. You knew that 30 per cent had been allocated

for the payment of expenses? A. I have heard of the 30

r cent.

Q.34. Did you understand from Mr. Haid that some

unanticipated expenses had accrued? A. I question, sir,

whether I even thought that deeply on the subject. That

is a matter that has been running on, even before I came

to New York.

Q.35. You mean you had no understanding at all as

to what he meant other than that it was for expenses? A.

I mean that his conversation was quite intelligible and

appeared to me as a clear cut statement, that he had

this amount in hand that represented 11 per cent, and he

wanted the 5 per cent drawn back. The natural conclu-

sion in my mind being, I presume at the time (I can only

guess now), is that the check was drawn to our order,

that we should only get 11 per cent and giving 5 per cent

back. Why it was done in that fashion, I didn’t know

at that time, and I haven’t learned since, really.

Q.36. Did he tell you to whom to make the check?

A. Yes, sir.

Frep A. Hussparp—Dr1rect 7

Q.37. That was C. R. Street, Agent? A. There is no

doubt of that, because a memorandum in my own hand-

writing of that date is here, which shows that quite

clearly, “C. R. Street, Agent.”

Q.38. Do you have any impression as to why that

should have been done or why it should have been made to

C. R. Street, Agent? A. My impression would’ be a

very natural one, that Mr. Street could be in close col-

laboration with the attorneys, Folonie’s firm, all through

the years in this matter, and it never came in my mind

to question why it should be made to Mr. Street.

Q.39. The fact that the trustees had charge of the

disbursement of funds for disbursement didn’t occur to

you at that time? A. It did not, sir.

Q.40. That is the extent of your knowledge in this

matter? A. It is, sir.

Senator Hollingsworth: That is all.

(Witness excused.)

FRED A. HUBBARD, being produced, sworn and exam-

ined as a witness on behalf of the defendants, tes-

tified as follows:

Direct Examination by Senator Hollingsworth.

Q.1. State your name, please. A. Fred A. Hub-

bard.

Q.2. Mr. Hubbard, what was your connection with

the Globe & Rutgers in 1935 and 1936? A. President.

Q.3. You are not now connected with the Globe &

Rutgers? A. No.

Q.4. When did you sever your connection with that

company? A. September of 1938.

Q.5. What was your connection with Globe & Rut-

gers in 1935 and 1936? A. I was president.

Q.6. I hand you Defendants’ Exhibit 100, which has

heretofore been introduced in evidence, and call your at-

tention to that memorandum there. Does that refresh

your recollection? A. Yes, sir.

Q.7. Now, it appears from this memorandum made

by Mr. VanHorne that on March 23, 1936, Mr. Haid had

called to see you and left a check with you from R. J.

Folonie and C. R. Street, as Trustees? A. Yes, sir.

Q.8. He came to your office, did he? A. Yes, sir.

Q.9. Where is your office located, or where was it

located at that time? A. 111 Williams Street.

Frep A. HusBBARD—DIRECT

Q.10. Where was Mr. Haid’s office located at that

time? A. I think here; I am not certain.

Q.11. How far is 111 Williams Street from this

place? A. About three blocks.

Q.12. What did Mr. Haid say to you when he came

there? A. Well, my recollection is that he said, “Well,

Fred, I have got a check here for you for”—whatever it

was—“$9,000.00,”” and he handed me the check, and he

said, “I want a check to C. R. Street, as agent, for forty

some hundred dollars.”

Q.13. Did he hand you the check which was, as I

understand, 11 per cent of the impounded premiums? A.

I think he did, either to myself—I am not sure whether

Mr. VanHorne was in the room or not.

Q.14. You noted that a check came from R. J. Folo-

nie and C. R. Street, Trustees? A. I don’t think I noted

it.

Q.15. Would the memorandum refresh your mem-

ory as to that? A. I would say that was a correct state-

ment.

Q.16. You knew they were the trustees in charge

of the 30 per cent impounded premium fund? A. I

really knew very little about it, for this reason: I was

out of the business from 1923 until the first of 1933, and

the Globe & Rutgers had been in rehabilitation. It had

been out of business for about eighteen months, and this

particular matter was really what we called a rehabilita-

tion matter. It was in connection with the old estate of

the Globe & Rutgers, and not with the new operations,

and I really knew nothing about the Missouri situation,

because I hadn’t been in it at the time.

Q.17. Did the fact that the 5 per cent check which

you were called upon to give to Mr. Haid was made to

C. R. Street as agent, strike you as being in any way

peculiar or out of line? A. Not at all.

Q.18. You had no prior knowledge as to this trans-

action? A. None whatever.

Q.19. Have you related all of the conversation Mr.

Haid had with you? A. I would say so, yes.

Q.20. Did you deliver the check to Mr. Haid per-

sonally or cause it to be delivered that day? A. Yes,

either delivered it or caused it to be delivered.

Q.21. Did he tell you the nature of the expense

that the 5 per cent check represented? A. He did not.

Q.22. And you didn’t know? A. I didn’t know.

‘Q.23. You made no further inquiry? A. No.

Fred A. HuspparD—Drrect 9

Q.24. And when you made it to C. R. Street as

agent, you intended to constitute him as your agent for

the purpose of disposing of that money? A. I really—

I don’t think I gave any thought to it at all. I simply

made it the way Mr. Haid asked. I don’t think I thought

about it at all.

The Special Master: The Globe & Rutgers became

impaired and went into the hands of the Superintendent

of Insurance while this rate litigation was going on?

A. Yes, in March, 1933, I think.

The Special Master: Partly on account of the de-

pression in the value of its securities?

A. Yes.

The Special Master: And for a long time it was not

permitted to write insurance at all?

A. For about eighteen months.

The Special Master: Then the market got better, and

its securities were more valuable? ;

A. Well, that wasn’t exactly it. They reorganized

under the superintendent.

The Special Master: Yes, but meanwhile they got

to the place where they could actually put up reserve?

A. They had to put in more money to do that. They

had a reorganization.

The Special Master: Then when that happened, the

Superintendent of Insurance required Mr. Jameson, the

former president, to go out?

A. Yes, sir.

a — Master: That is what brought you in?

. Yes.

The Special Master: All right.

Q.25. (By Senator Hollingsworth) Now, I want to

refer, Mr. Hubbard, to the Hanover Fire Insurance Com-

— connection with this matter under inquiry now.

es.

Q.26. When did you go with Hanover? A. In

September, 1938, or October Ist, 1938.

Q.27. Do you know who was in charge of the op-

eration of the company in 1935 and 1936?_ A. Mr. Hig-

ley was president at that time and Mr. Montgomery Clark

was vice-president.

Q.28. Is Mr. Montgomery Clark living? A. No.

Q.29. Is Mr. Higley living? A. No.

Q.30. Who was Edward L. Coffill? A. I think at

that time he was assistant secretary. He is now secre-

tary.

Frep A. HuBBARD—DIRECT

Q.31. He is now secretary? A. Yes.

Q.32. Where is he located, here? A. Yes, across

the street.

(Documents, handed to the reporter, were maked for

identification as ‘Defendants’ Exhibits 121 to 135, EFM,”

both inclusive.)

Q.33. Do you have any information or knowledge

at all concerning this matter, insofar as the Hanover was

connected with it prior to the time you went to Hanover?

A. No.

Q.34. Did you talk to any of the executives or learn

anything of it? A. No, sir.

Senator Hollingsworth: Mr. Berger, will it be ad-

mitted that Defendants’ Exhibits 121 to 135, inclusive,

constitute the records of the Hanover Company insofar

as they relate to the matter now under inquiry?

Mr. Berger: As far as we know, they do. The letter

of transmittal precedes all of those and so states.

Senator Hollingsworth: These records are the rec-

ords of the company.

Mr. Murphy: Photostats of their records.

Mr. Berger: The records furnished by the Hanover,

Western Department, furnished to the United States

District Attorney.

Senator Hollingsworth: We offer those exhibits in

evidence.

(Which said Defendants’ Exhibits 121 to 135, both

inclusive—excepting Exhibit 131, which was inadver-

tently omitted in numbering, so that there is no Exhibit

131—so offered in evidence, having been previously duly

marked, are in words and figures as follows: )

THE CHASE NATIONALBaN

or THe city oF New vYorx

PINE STREET CORNER OF NASGBALU ene J

S424

CHARLi.5 2, STREET

Pay to the order of

March 23, 1936

Mr. Ce Re Street, Trustee,

1300 = 310 So. Michigan Ave.,

Chicago, Illinois,

Dear Sir:

This will acknowledge receipt of check for $9,056.24,

representing 11 percent of premiums of this company impounde ff

in the State of Missouri.

We are enclosing herewith our check for 4),116,)5

payable to R. J. Folonie, Agent, on account of expense,

Yours very truly,

Vice President.

"Ui

CHARLES W HIGLEY. Pacunenr H.T. GIBERSON, tetasuere |

MONTGOMERY CLARK, vice Paesoenr EDWARD L COFFILL. aser Seer

A i (fi

Zl ms / ; :

The Mainows: te Dusasanob ti

it - Ghin- LOrcer

Oa 4

M\ hAVttll’ York March 2%. 1936

Mr. Vv. MC. Nelson,

c/o The Hanover Fire Insurance Co.,

1105 Insurance Exchange,

Chicago, Illinois,

Dear Mr. Nelson:

We have received a check for $9,056.26 signed by

C. R. Street and R. J, Folonie as trustees, being 11 percent

of $82,529.66 account of Missouri impounied premiums,

In return, we have drawn a check for 4,116.48 to

the order of R. J. Folonie, Agent, being 5% of $82,529.66

account of Missouri! impounded premiums, which Ts chargeable

to legal expense.

We are treating the $9,056.26 as a remittance from

your office and the $4,116.48 as a remittance to your office.

Please show these items on your cash statement for March in

order that our records may be concurrent,

Yours ve

Assistant ecretary.

OAM SR Ry mre oe emer sh WH MARWEL.L 2007 Geren acces

4Onm MVOE. cop

Voncner Ta

I ys York ;

BWosiorn Dopaortone nt

HOS Spe serance C rehange,

Checenp: He . Mar. 25, 1956

Mr. Edward L. Coffill, Ass't. Sec'y.,

Hanover Fire Insurance Co.,

P. 0. Box 1220,

City Hall Station,

Hew York, B. YI.

Re: Missouri Jepounded Premiue

Dear Mr. Coffills

We thank you for your advices of March 25.

Apparently these settlements as tha come along will be sade

direct to the Home Office. We do not know where the trustees

get the figure of -: $82,329.66

for which they sent you 1%, but this, no doubt,will be

explained later on.

We will follow your suggestion, and

credit Missouri impounded premiums - 9,056.26

and charge the Home Office with the same amount as a

remittance from the Western Departaent. We shall also

credit as a remittance from the Home Office - 4,116.4

that you have paid to &. J. Folonie, agent for legal

expense, which latter figure will be charged on our

books as Missouri legal expense. We shall consider these

‘items as suggested by you as cash entries for the month of

March. If we all live long enough»we might see an end to

this particular case.

wg AB WET IE WES FRENTE

For your general information, we are arranging

in view of the remittance we recently received from the Hone

Office to pay the commission on impounded premiums, which the

companies were forced to arrange for on a 100% basis, although

dn the end we will receive 80¢ back on part of the impounded

premiums, and 66 2/3¢ back on the balance, but @ concerted action

by the companies allows agents full amount of the commission,

. 80 our commission ratio for the time being will be way out of

proportion, as you can readily understand.

Yours very truly,

Charles W. Higley General Agent

Pip » lbee—

£ 4 coun tin

UGE THE HANOVER HIGHWAY -"“IT'S SAFE”

Derts’. EXHIBITS 125-130, 132-135 15

Defendants’ Exhibit No. D 125 is page 313 of the

records of THE HANOVER FIRE INSURANCE COM-

PANY “Agency Remittances Month of March 1936,”

which said Exhibit does not contain any entries per-

taining to the State of Missouri.

Defendants’ Exhibit No. D 126 is page 314 of the

records of the same company, “Agency Remittances

Month of March 1936,” which includes, among other

entries, the following under date of March 23rd:

“Western Dept Agency Credit Cash $9,056.26

Agency Cash Paid $4,116.48”

(being amounts referred to in Defendants’ Exhibit No.

D 123).

Defendants’ Exhibits Nos. D 127, D 128, D 129, D 130,

and D 132 are photostatic copies of pages of the General

Cash Book of the Western Department and Defendants’

Exhibit No. D 133 is page 23 from the Ledger account

of the Western Department entitled “Home Office,”

and Exhibit No. D 135 is the Western Department report

for the month of March, 1936. These Exhibits all show

receipt by the New York Office of $9,056.26 and the pay-

ment of $4,116.48 as referred to in Exhibit No. D 123

and its transfer to the Western Department of THE

HANOVER FIRE INSURANCE COMPANY.

Defendants’ Exhibit No. D 134 is Ledger page, same

company, showing a charge to legal expense in March,

1936, of $4,116.48.

Senator Hollingsworth: I don’t think of anything

further.

The Special Master: That is as far as you are going

to get, if they are all dead.

Senator Hollingsworth: That is all.

(Witness excused.)

16 OSWALD TREGASKIS—DIRECT

OSWALD TREGASKIS, being produced, sworn and ex.

amined as a witness on behalf of the defendants, tes.

tified as follows:

Direct Examination by Senator Hollingsworth.

Q.1. State your name please. A. Oswald Tre-

gaskis.

Q.2. You reside here in New York, Mr. Tregaskis?

A. Yes, sir.

Q.3._ What is your connection with the Sun Insur-

ance Office group? A. I am manager of the .United

States Branch of the Sun Insurance Office, and president

of the Patriotic Insurance Company.

Q.4. What is the relation between the Patriotic and

the Sun Insurance Office? A. The Patriotic Insurance

Company is owned by the Sun indirectly, by the major-

ity stockholders of the Patriotic Assurance Company of

— which, in turn, is owned by the Sun Insurance

ce.

The Special Master: The other company is an Amer-

ican affiliate, incorporated in the United States?

A. That is right, the Patriotic Insurance Company

of America.

Q.5. What was your connection with these com-

panies in 1935 and 1936? A. The same; I held the same

positions.

Q.6. Did you know that a compromise agreement

of the Missouri rate litigation was executed in May of

1935? A. Well, I don’t recall the date, but I know a

compromise agreement was effected.

Q.7. Did you know that a court decree was rendered

in the federal court in the early part of 1936? A. Yes.

Q.8. Substantially carrying out that compromise

agreement? A. Yes.

Q.9. Did you receive a letter from the Subscribers’

Actuarial Committee setting forth the terms of the de-

cree? A. Yes.

Q.10. You knew that 30 per cent was allocated to

Folonie and Street as Trustees, for the purpose of pay-

ment of expenses, did you not? A. Yes.

Q.11. In regard to the compromise of 1935, which

records show was made in May, May 18, 1935, did you

have any information at that time or about that time as

toa —"s of $100,000.00 being raised for any purpose?

A. No, sir. .

;

—

‘

OSWALD TREGASKIS—DIRECT 17

Q.12. You have since heard of such a fund? A.

Yes, I heard it from Mr. Murphy the other day.

Q.13. Prior to that time you had never heard of it?

A. Never.

Q.14. Now, after the federal court decree and the

creation of the trust, I believe you received a remittance

from the 30 per cent fund in the sum of 11 per cent? A.

Correct.

Q.15. From whom did you receive that? A. I had

a call from Mr. Erskine of Mr. Haid’s office. He handed

the check to me.

~ @.16. Did Mr: Erskine come to your office person-

ally? A. Yes.

Q.17. And gave you 11 per cent check? A. Yes, sir.

Q.18. Was that signed by the trustees? A. I

haven’t any record or recollection of that.

Q.19. At the time Mr. Erskine delivered you that

check, what did he tell you? A. To the best of my

recollection, he told me that he was commissioned as a

messenger to deliver this check for 11 per cent to the

companies domiciled in New York, and I understood it

came from Mr. Folonie’s office.

Q.20. What else did he say to you in regard to the

matter? A. He also requested that we remit to him 5

per cent back which was required for expenses.

Q.21. What expenses did he tell you they were? A.

No detail was given. I asked him if there was any de-

tail about it and he said, ‘“‘No.”” He was simply a mes-

senger.

Q.22. You asked him if he knew anything about it?

A. I said, was there any detail he could give me in re-

gard to the transaction, and he said, no, he was simply

a messenger to deliver the 11 per cent check and to re-

quest a check for 5 per cent.

Q.23. Did he tell you who had sent him? A. I un-

derstood that it was from Mr. Folonie.

Q.24. And you understood that he was a messenger

from Mr. Folonie’s office in connection with it? A. Yes.

Q.25. And told you that he couldn’t give you any

details in regard to the expense at all? A. That is so,

yes.

Q.26. Did he tell you to whom the check should be

drawn? A. Yes, sir.

Q.27. Did you thereupon make a requisition for the

check? A. I instructed our accountant so to do.

18 OsWALpD TREGASKIS—DIRECT

Q.28. Did you give the accountant the necessary in-

formation to write the requisition? A. I did.

(Said requisition, handed to the reporter, was

aE) for identification as “Defendants’ Exhibit 136,

Q.29. I hand you Defendants’ Exhibit 136, which I

now introduce in evidence. Please state if that is the

requisition. A. That is a photostat of the original regq-

uisition.

(Which said Defendants’ Exhibit 136, so offered in

evidence, having been previously duly marked, is in

words and figures as follows: )

20 OSWALD TREGASKIS—DIRECT

Q.30. I note that that calls for a check to the order

of R. J. Folonie, Agent? A. Yes, sir.

(A photostatic copy of a check, handed to the re.

porter, was marked for identification as ‘Defendants’ Ex.

hibit 137, EFM.’’)

Q.31. I show you Defendants’ Exhibit 137. Please

state if that is a photostatic copy of the check that was

issued under the requisition? A. It is.

Q.32. That check is dated March 23, 1936? A. Cor.

rect.

Q.33. And it is payable to R. J. Folonie, Agent?

A. Yes.

‘ ps It doesn’t show on its face what it was for?

. No.

Q.35. Now, will you look at the check, and I believe

it shows that it was not paid until November 17, 1936.

The Special Master: And it was issued when?

Senator Hollingsworth: March 23, 1936.

A. Yes, that is so.

Q.36. Do you know why that check was not cleared

through the banks until November 17, 1936? A. I have

no idea.

Q.37. Was it called to your attention at any time

that that check was still out? A. No, it was not.

Q.38. You never heard of it and never knew of that

unusual length of time? A. No, sir.

Q.39. Had you ever heard of it before I called your

attention to it? A. Mr. Murphy mentioned it the other

day to me. I hadn’t heard of it until then.

Q.40. I call your attention to the endorsement ap-

pearing on the back of it; part of it apparently is your

re in order to make the endorsement of the receipt.

A. Yes.

Q.41. Then under that, “Expense, Missouri Litiga-

tion,” is that a part— A. (Interrupting) That is part

of our endorsement.

Q.42. Then under that is typewritten, ‘Pay to the

order of C. R. Street,” then signed, “R. J. Folonie,

Agent.” A. That is not affected by the Sun Insurance

Company office.

Q.43. In other words, that is an endorsement placed

on there ostensibly by R. J. Folonie, Agent, after it was

issued out of your office? A. I would assume so.

Q.44. Do you have any explanation as to why your

check payable to R. J. Folonie was afterwards endorsed,

OSWALD TREGASKIS—DIRECT 21

“Pay to the order of C. R. Street,” signed “R. J. Folonie,

Agent”? A. No, I have no explanation.

Q.45. Had you ever noticed that before? A. No,

I had not.

(Whereupon, discussion was had off the record.)

Senator Hollingsworth: I offer in evidence Exhibit

137.

(Which said Defendants’ Exhibit 137, so offered in

evidence, having been previously duly marked, is in

words and figures as follows: )

55 FIF WAV

tess

eee eo

as OPTS

WAS. NE

fo the order af °»,

OSWALD TREGASKIS—DIRECT 23

(A requisition, handed to the reporter, was marked

for identification as ‘Defendants’ Exhibit 138, EFM.’’)

Q.46. I show you Defendants’ Exhibit 138. Do you

recognize that as the requisition? A. Yes. The “Agent”

is very faint. Yes, that is it. That is the requisition.

Q.47. Can you tell from looking at that whether the

word “Agent” was written on there at the time you

made up the requisition or afterwards? A. I would say

it was made at the time, because my recollection is that

that was the way we were asked to draw the check.

Q.48. You had an independent recollection at that

time? A. Yes, I had an independent recollection at that

time.

Q.49. Then the check was issued to R. J. Folonie,

Agent? A. Yes.

Q.50. At that time did you intend for R. J. Folonie

as Agent to endorse a check over that you gave him to

C. R. Street? A. No, sir.

Q.51. You constituted Folonie as your agent? A.

Yes.

Q.52. To whom did you understand the money was

going? A. Well, to Folonie, on behalf of our united

interests.

Q.53. I know, but going to him to be paid to whom?

You wrote it to R. J. Folonie, Agent. You meant by that

that he was your agent, didn’t you? A. Yes.

Q.54. All right. To whom was he to pay this

money? A. To whom it was due. I assumed that it was

for legal expenses incurred.

Q.55. Well, you didn’t understand that C. R. Street

was a lawyer, did you? A. No, sir.

Q.56. And when the check came back to you, to your

office, it was endorsed by Folonie, Agent, over to C. R.

Street? A. Yes.

The Special Master: When did you first see that

endorsement?

A. I think I saw it the other day when I was—

The Special Master: The reason I am asking you, or-

dinarily an executive does not look at the endorsements

on canceled checks, not unless he has some reason to do

so.

A. Lissue many hundreds of check a day; it wouldn’t

pass through my hands.

24 OsWALp TREGASKIS—DIRECT

Q.57. Was it called to your attention before Mr.

Murphy talked to you about it several days ago? A. No,

sir.

Q.58. You never knew anything about it prior to that

time? A. I never knew anything about it prior to that

time.

Q.59. I believe you stated that you never knew be.

fore you talked to Mr. Murphy the other day that this

check had not cleared until November of 1936? A. That

is so.

Q.60. Would anyone in your office, your accountants

or auditors, ordinarily note an outstanding check from

March, 1936, until November of 1936? A. Yes, it

would be noticed because it would appear in bank rec-

oncilement statements. There is nothing unusual in

checks being outstanding for a long period of time.

Q.61. For that period of time? A. Oh, yes, some

even longer.

Q.62. Checks for that amount? A. No, I would say

that was an unusually large amount. There might be an

estate tied up in case of a loss payment or something of

that kind where it wouldn’t be cleared for so long.

Q.63. Do you know now whether your office di-

rected any inquiry to find out what had become of this

check? A. I have no knowledge of that. I think if there

had been any such inquiry instituted, I would have heard

of it.

Senator Hollingsworth: I offer in evidence Exhibit

138.

(Which said Defendants’ Exhibit 138, so offered in

evidence, having been previously duly marked, is in words

and figure as follows: )

IWAOSddY ZAILND3X3

ax dated IWAN3WLewd30

AS 20¥VHR NOUISINGSY

‘SNM VN

insninvasa Agee __ TORI VOr"B On BDUVND

a 0 dane Maat gS 30 AN3WAYd NI

$ Nos

oboe hog 4u30NO 3H1 OL NISHD

fT 0 TeH ON WVN 31v0

MDSAHD HOS NOILISINOSAY "UR “333JM JUensug Ung

OswaLp TrecAskis—Cross, Re-D1rect

Senator Hollingsworth: That is all.

Cross Examination by Mr. Bullitt.

XQ.64. Then as far as your Sun Insurance Office is

concerned, and the Patriotic Insurance Company, the

two checks of March 23, 1936, aggregating $3,800.00 cer-

tainly didn’t go to Mr. Pendergast or Mr. O’Malley or

anybody else who got their money in the spring of 1936,

did they? A. No, sir.

XQ.65. So none of your money went to any improper

place, did it? A. No, sir.

Mr. Bullitt: So far as you are concerned. All right,

that is all.

Re-Direct Examination by Senator Hollingsworth.

RDQ.66. You don’t know for what purpose Mr.

Street used it, do you? A. I have no idea.

RDQ.67. You thought when you issued it it would

= for payment of legal fees then due, didn’t you? A.

es.

RDQ.68. Now, I call your attention to another requi-

sition which has been marked “‘Defendants’ Exhibit 136,”

and direct your attention especially to the words “R. J.

Folonie,” and the word “Agent” after it. Isn’t that

a different writing with a different pencil or a different

pen, or whatever it was written with? A. No. I recog-

nize that writing; it is our accountant’s writing. That is

his initial, and they are both in the same handwriting.

RDQ.69. You think it was written at the same

time? A. I am convinced of that. I think that the like-

ness is due to it having been blotted immediately.

RDQ.70. Well, this would be written afterwards,

wouldn’t it?

Mr. Bullitt: “This” doesn’t show in the record.

You have stated, “This shows written.” You must say

what you mean.

RDQ.71. (By Senator Hollingsworth) Well, I

mean, “In payment of expense, Missouri Litigation,”—

Mr. Bullitt: Written after that.

RDQ.72. Would be written after the word “Agent”

if it was written in ordinary course

The Special Master: You are talking about the fact

that the word “Agent” is lighter than the rest of it?

OswALpD TREGASKIS—RE-DIRECT 27

Senator Hollingsworth: That is right.

Mr. Bullitt: What you mean is you think the word

“Agent” may have been written in after the words “Ex-

penses of Litigation”?

Senator Hollingsworth: You are asking what I

think? I doubt if that would be competent. I wouldn’t

mind telling you off the record.

Mr. Bullitt: No, what was your question?

Senator Hollingsworth: I asked him—

The Special Master: Did he believe that that was

written at the same time, and he said he believed it was.

A. That is because of my independent recollection,

that that was the way it was requisitioned.

RDQ.73. Ishow you Defendants’ Exhibit No. 137, and

that appears to be the portion of the Patriotic Insur-

ance Company’s contribution to the 5 per cent? A. Yes.

RDQ.74. $249.31, as I read it? A. That is so.

RDQ.75. That was issued also to R. J. Folonie

Agent, was it not? A. Yes.

RDQ.76. And bears the same endorsement, does it

not, as the check issued by the Sun, “Pay to the order of

C. R. Street”? A. That is so.

RDQ.77. “R. J. Folonie, Agent”? A. Yes.

RDQ.78. I call your attention to the fact that the

stamp shows that it was not cleared until November 17,

1936. A. That is correct.

RDQ.79. You have no explanation to make of that?

A. I have not.

The Special Master: Between November and what?

A. To clear up this point about the possibility of

the word “Agent” having been put in at a different time,

I will mention that under our office procedure, the

cashier is unable to draw a check until receipt of a requi-

sition. The check was drawn “R. J. Folonie, Agent,” in

accord with the requisition; the check was drawn the

same way.

RDQ.80. I follow that. A. And the cashier must

have had that requisition in that form to draw that

requisition in that way.

Senator Hollingsworth: I agree with you, and I

think that is all.

(Witness excused.)

28 C. A. Sreper—Drrect

C. A. SIEDEL, being produced, sworn and examined as

a witness on behalf of the defendants, testified as

follows:

Direct Examination by Mr. Holman.

Q.1. Your name is S. A. Siedel? A. That is right.

Q.2. What connection did you have with the

Stuyvesant Insurance Company in the years 1935 and

1936? A. Until August, 1935, as assistant secretary,

and after that I have been secretary.

Q.3. During all of that period of time you were

either assistant secretary or secretary? A. That is right.

Q.4. Did you know of the so-called Missouri litiga-

tion during that period? A. Yes.

Q.5. Your company and some 136 other companies

had suits pending in Missouri over rates? A. That is

right.

Q.6. Who handled this Missouri litigation for your

company? A. I handled practically all of it.

The Special Master: Who?

A. I did.

Q.7. You handled it insofar as any— A. (Inter-

rupting) All correspondence was turned over to me.

Q.8. That is it. You handled it insofar as any of-

ficial of your company had anything to do with it? A.

That is it.

Q.9. But did you have direct contact with Mr.

Folonie and other attorneys? A. I never heard of Mr.

Folonie.

Q.10. Then who was in charge of this litigation for

all of the insurance companies involved in that federal

litigation? A. We followed only the Subscribers’ Ac-

tuarial Bureau in this regard, and never dug under-

neath the surface. We are a small company.

Q.11. In other words, the Subscribers’ Actuarial

ee handled the litigation for you? <A. That is

right.

The Special Master: That was the Bureau?

A. The Subscribers’ Actuarial Committee is the

proper name.

Q.12. And any expenses paid before May, 1935, by

your company were paid through the Missouri Inspec-

tion Bureau? A. Right.

Q.13. Paid by your company, is that true? A. Yes.

The Special Master: Well, he didn’t answer. Do

you know whether that is true?

C. A. Sreper—Drrect 29

A. Iam not certain whether the checks were drawn

to the Missouri Inspection Bureau or the Subscribers’

Actuarial Bureau at the present time.

Q.14. One or the other? A. They are either one

or the other.

Q.15. Was any particular member of the Sub-

scribers’ Actuarial Committee actually in charge of this

litigation? A. That I don’t know.

Q.16. Have you heard that Mr. Street, the chairman

at that time, really handled the litigation? A. Yes, I

have.

Q.17. And he was handling it as agent for the in-

surance companies? A. That is right.

Q.18. Including your company? A. Right.

Mr. Bullitt: He said he had heard that.

Mr. Holman: No, I didn’t say that as to the last

question.

Mr. Bullitt: Read me that question and see what he

said. He said he had heard it. He didn’t say it was so.

He said he heard it. (Question read.)

Q.19. (By Mr. Holman) Do you know that he was

handling— A. (Interrupting) I do now, but I am not

certain that I knew then, that I was positive at that time.

Q.20. You never objected to the person or persons

who were handling it? A. No, we didn’t.

Q.21. It was entirely satisfactory to you? A. Yes.

Q.22. Whoever it may have been? A. Yes.

Q.23. But it was your belief at that time that

Street was handling it? A. That is right.

Q.24. Do you know in that litigation that a settle-

ment agreement was entered into in May, 1935? A. Yes,

we had, I think, a letter from the Subscribers’ Actuarial

Bureau.

Q.25. That letter came out in June, or somewhere

along about that time, 1935? A. I don’t know the date.

Q.26. What was your answer? A. I don’t know

the date.

Q.27. Well, you received a letter from the Missouri

Inspection Bureau about May or June, 1935, didn’t you?

A. We may have. I don’t recall that. I don’t recall

any before 1936.

Q.28. At any rate, along about that time you became

advised that a settlement agreement had been entered

into? A. Yes, sir.

Q.29. You knew, in a general way at least, the terms

of that agreement, did you not? A. Yes, we did.

30 C. A. Srepet—DrIrect

Q.30. And that was briefly, that the policyholders

would get 20 per cent, the companies would immediately

get 50 per cent, and 30 per cent would be turned over

to trustees for the companies to pay expenses? A. That

is right.

Q.31. And any part not used for expenses would

be returned to the companies? A. Yes, sir.

Q.32. That is true? A. That is what we

Q.33. That is the way you understood it. Now,

your knowledge, you say, came from a letter you re-

ceived? A. That is right.

Q.34. Did you discuss this situation with other in-

surance executives in New York? A. No, we didn’t.

We may have discussed it among our own executives in

the office, but as a rule we don’t stick Stuyvesant mat-

ters out to other executives.

Q.35. Did you attend a meeting held in this office

in May, 1935? A. No, I don’t think I did.

Q.36. Relating to this insurance settlement? A.

I don’t think I did.

Q.37. Do you know whether any member or any

representatives of your company attended such a meet-

ing? A. I don’t think we were represented at that time.

Q.38. This settlement agreement that you have out-

lined, was that satisfactory to your company? A. Well,

we just took that as a matter of course.

Q.39. That is, you made no objection? A. We

made no objection.

Q.40. To what your agents had done for you? A.

That is right.

Q.41. Therefore, you were willing that that be

done? A. Yes.

Q.42. Whether it was satisfactory or not? A. That

is right.

(A check, handed to the reporter, was marked for

identification as “‘Defendants’ Exhibit 139, EFM.”)

Q.43. I hand you Defendants’ Exhibit 139, which

I now offer in evidence, and ask you to state what that is.

2 * is a check that we drew at the request of Mr.

(Which said Defendants’ Exhibit 139, so offered in

evidence, having been previously duly marked, is in

words and figures as follows: )

Cutis nk BO

Tay hth 148 aroaoway. NEW YORE.N.Y.

onler Y

fant

32 C. A. Srepet—Drrect

Q.44. Just how did Mr. Haid request that you draw

that check? A. He called me on the phone and stated

that we were to get 11 per cent back, and that we were

to return 5 per cent of that as legal expenses.

Q.45. Five percent of what? A. Five percent of

the—

Q.46. (Interrupting) Total impounded premiums?

A. Right.

Q.47. You were to receive 11 per cent of the total

impounded premiums, and return a check for 5 per cent?

A. 5 per cent.

Q.48. Did you ask him for what reason they wanted

that money? A. No, I didn’t, and I think he stated at

the time it was expenses, and we so charged it in our

records

Q.49. What kind of expenses did he say? A. We

would naturally charge it off to legal expenses.

Q.50. You would naturally do that? Did he tell

you it was for legal expenses? A. I think he did.

Q.51. But you are not certain about that? A. I

don’t recall that.

Q.52. Did you ask him what type of expenses it was

for? A. No, I didn’t.

Q.53. Didn’t it strike you as unusual that he would

be asking for a check for expenses when you knew that

the trustees had 30 per cent of the total impounded pre-

miums to pay expenses? A. Well, we didn’t, for the

simple reason that we had withdrawn from the state in

1933, and all refunds that we received at that time we

more or less took as a salvage on an asset that we con-

sidered—

Q.54. (Interrupting) Yes, but you testified a min-

ute ago that you knew that the trustees held 30 per cent

of the total impounded premiums with which to pay ex-

penses. Now, didn’t it strike you as unusual that they

would pay you 11 per cent of that amount, or 11 per cent

of the total impounded premiums, which was out of that

trust fund, and ask you for another check back to pay

expenses? A. Not unusual, no.

Q.55. Can you think of any reason now why they

would do that? A. Possibly not.

Q.56. Well, don’t you consider these things when

you are requested to pay out money? A. No, if we turn

over any litigation to a committee, we follow that com-

mittee without argument.

C. A. Srepet—DrreEct 33

Q.57. Did Mr. Haid ask you whom to make the check

payable to? A. Yes, he did.

Q.58. Or tell you, I mean? A. He did.

Q.59. And did you follow his instructions? A. We

did.

Q.60. To whom did he say it should be made pay-

able? A. C. R. Street.

Q.61. That was all he said? A. That is right.

Q.62. He didn’t say “C. R. Street, Agent?” <A. No,

our check is not made out to C. R. Street, Agent.

Q.63. Didn’t you think it strange that he not be

designated in some way, in some official capacity? A.

Well, we knew he was attorney for us in that regard.

Q.64. You mean an agent for you? A. That is

right.

. Q.65. He wasn’t an attorney? A. Well, he was an

agent for the attorneys.

Q.66. Well, he was an agent for your companies,

wasn’t he? A. Yes.

Q.67. You knew that, so, therefore, you didn’t put it

on the check? A. We didn’t question the matter. The

request wasn’t made, as I recall it, to designate him as

agent on the check.

Q.68. Did you pass on whether or not this money

would be paid or did some other executive have some-

thing to say? A. No, I requested the accountant to draw

the check.

Q.69. It is your duty, as an officer of the company,

to try to keep down expenses and handle things in a

businesslike way, isn’t it? A. It certainly is.

-Q.70. Didn’t you give some thought to this propo-

sition as to whether you should pay out this money just

because Paul Haid told you to? A. No.

Q.71. Do you ordinarily pay out money without

knowing what it is going for? A. No.

Q.72. Why didn’t you question him as to just what

this money was needed for? A. We took his word that

this was legal expenses.

Q.73. Let me ask you this: wasn’t this the first

time in all of this litigation that you were called upon

directly to pay out money for expenses, I mean, directly

by any individual or any committee, other than the Ac-

tuarial Committee? A. Yes, it may have been.

Q.74. In other words, heretofore it had been done

by assessment? A. That is right.

34 C. A. Srepet—Drrect

Q.75. In the regular course of business, just as all

expenses of the Bureau are paid? A. That is right.

Q.76. In other words, the assessment would not

only include this litigation, but other expenses hereto-

fore? A. That is right.

Q.77. Bearing that in mind, didn’t it occur to you

that this was an unusual way to go about financing this

litigation? A. Well, we didn’t recall that at that time.

We didn’t think it was.

Q.78. Didn’t it occur to you that it would have been

simpler to have merely paid you 6 per cent instead of pay-

ing you 11 per cent and requesting 5 per cent back? A.

It possibly would have been simpler.

Q.79. But didn’t you think about those things?

Didn’t those things go through your mind at that time?

A. No, they didn’t.

Q.80. In other words, he merely asked you for the

money and you paid it without question? A. That is

right, and you will find that most of the smaller com-

panies do exactly the same. .

Q.81. Was Mr. Haid a member of the Subscribers’

Actuarial Committee? A. Not that I know of.

Q.82. Did you know why he should call you up about

this? A. Only that we were under the impression

that they were representing the Subscribers’ Actuarial

Bureau in New York.

Q.83. Oh, that Haid’s office was representing the

Bureau in New york? A. That is right.

Q.84. Didn’t you know that Mr. Koeckert in New

York was a member of that committee? A. No, I didn’t.

— So you paid it without question? A. That is

right.

Q.86. Because you felt that these poeple were rep-

resenting you in this litigation? A. They were taking

care of our interests.

Q.87. You had no objections to them taking care of

your interests? A. No, we turned it over to them. We

always followed_them after we turned them over. We

have never withdrawn from any committee.

Q.88. You received a check, I believe, or some bonds

possibly, possibly sometime before March of 1936 from

the custodians? A. That is right.

Q.89. Of this fund, representing 50 per cent of your

impounded premiums; you received those and accepted

them? A. Right. :

C. A. Sreper--Drirect 35

Q.90. And I believe you testified that you received

a 1l per cent check? A. That is right.

Q.91. Did Mr. Haid send that over to you? A. I

delivered our check and received the other in return.

Q.92. You did that up here in this office? A. I

sent it over by a boy.

Q.93. By whom? A. A messenger.

Q.94. Did you ever learn anything more about this

settlement or the way it was brought about, other than

what you have testified to here? A. Not until this pres-

ent case has been brought up.

Q.95. You have heard in the last few months that

this money that was collected at that tim

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