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 I to XXVI
II. Alphabetical Index of Witnesses—
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
District 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
Colloquy between counsel as to the introduction of
ony
DEFENDANTS’ EVIDENCE
RUSSELL D. HOBBS, Secretary Subscribers Actuarial
Cemmittee
Exhibit 1—List of cases pending I 9
ERNEST A. HENNE, Chairman Subscribers Actuarial
Committee and Vice President Continental Insurance
Group I 20
Exhibit 2—Memorandum Agreement (settlement
agreement) dated 18th day of May, 1935, between
R. Emmet O’Malley and Charles R. Street...
INDEX I
Exhibit 3—Decree dated February 1, 1936, entered
in each cause ee
Exhibit 4—Declaration of Trust dated February 7,
1936, executed by Charles R. Street and Robert
J. Folonie
Exhibit 5—Check of Continental Insurance Company,
dated May 2, 1935, payable to Chas. R. Street,
Chairman, for $15,000.00
Exhibit 6—Letter from Mr. Cie, perry pane
tinental Insurance Company, to Mr. Henne, Vice
President, dated April 16, 1936
Exhibit 7—Letter from Mr. Jones to Mr. Gien.
President, Continental Insurance Company, dated
April 20, 1936
Exhibit 8—Memorandum of C. R. Street, ebivemed
to the Governing Committee, dated — 25,
1936
Exhibit 9—Inter-office communication cin ‘Bert
R. Jones, Assistant Auditor, and William H. ann
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... oe
Exhibit 12—Check issued by Seentiy taeueeeae om-
pany, dated March 23, 1936, payable to C. R. Street,
agent, amount $2,960.75 2
Exhibit 13—Check issued by East ant West ensene
Company, dated March 23, 1936, — to C. R.
Street, Agent, amount $1,302.56... ;
Exhibit 14—Letter from Mr. C. R. ‘Street to “Mr.
Powrie, dated November 9, 1936
Exhibit 15—Letter transmitting checks to Mr. C. R.
Street, dated March 23, 1936... an, CUE eos
RUSSELL D. HOBBS, Recalled... wa
Exhibit 16—Extract from Sitentes. at mnstion ‘of oo
tuarial Committee, dated February 8, 1935... ;
Exhibit 17—Extract from Minutes of notion a
Actuarial Committee, dated March 19, 1935
Exhibit 18—Extract from Minutes of meeting Ac-
tuarial Committee, dated July 9, 1935
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 27, 1935_............
Exhibit 22—Extract from Minutes of meeting Ac-
tuarial Committee, dated April 8, 1936.0...
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, 1936
Exhibit 25—Extract from Minutes of meeting of Ac-
tuarial Committee, dated December 8, 1936...
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... se
(Exhibit 28a see page XXV.)
Exhibit 29—Letter from Mr. Powrie to C. R. Street,
transmitting check for $1,712.82, dated March 13,
1936 .. =
Exhibit 31—Letter fom 4 Powrie to C. R. Street,
dated April 29, 1936, transmitting check for
| ee
(Exhibit 3la see page XXV.)
(Exhibit 3lb see page XXV.)
(Exhibit 3lc 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
$5,000.00 .
a
107
112
116
120
125
131
132
136
148
Iv INDEX I
Exhibit 34—Check National Fire Insurance Company,
dated March 27, 1936, issued to C. oe
for $13,655.11
J. C. McCKOWN, 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. deetenn
dated April 1, 1936
(Exhibit 41a see page XXV.) |
(Exhibit 41b see page XXVI.)
Exhibit 42—Letter from C. R. Street to C. A.
Dosdall, dated April 2, 1936... ieaiabideodistehen tay
J. C. McKOWN, Recalled...
RAYMOND WALDRON, Vice President Detroit Fire
& Marine Insurance Company...
Exhibit 43—Check of Detroit Fire & Marine insurance
Company, dated March 19, 1936, issued to C. R.
Street, Agent, amount $897.43
CHARLES A. REEKIE, Vice President and eciein
Detroit Fire & Marine Insurance Company...
S. F. WEISER, Secretary, Dubuque Fire and Marine
Insurance Company and National Reserve Insurance
Company
—7 44—Memorandum wins Mr. S. F. Weiser, March
1936
171
172
174
176
180
181
184
185
204
206
209
212
213
217
INDEX I
Exhibit 45—Copy of letter from H. C. Clark to S. F.
Weiser, dated March 24, 1936
Exhibit 46—Check of Dubuque Fire & Merine Incur-
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
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, 1936
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, issued to C. R.
Street, Agent, for $1,259.22
Exhibit 51—Check of Firemen’s Fund Insurance Com-
pany, dated March 27, 1936, issued to C. R. Street,
Agent, for $5,739.21... ae eres
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... ead
Exhibit 54—Memorandum from Clark: “ “Miss
Bircher, dated March 24, 1936
Exhibit 55—Check of Concordia Fire Insurance Com-
pany, dated March 25, 1936, issued to C. R. Street,
Agent, for $2,858.24 . be.
Exhibit 56—Check of Femen's ‘eswenee ‘Comuane,
dated March 25, 1936, issued to C. R. Street, —.
amount $6,162.33 _.
Exhibit 57—Check of Girard Tee pry Masta pony
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...
Vol.
I
VI Invex 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. R. Street,
yea es CU
JOHN C. HARDING, Vice President, Springfield Fire &
Marine Insurance Company group; member Subscribers
Actuarial Committee...
Exhibit 63—Letter from F. ey ‘Sehlesingse to Seen C.
Harding, dated March 24, 1936
Exhibit 62—Inter-Office communication from B. Eg
Hobart to George B. Bulkley, dated March 26, 1936
BERNARD E. HOBART, Auditor, Springfield Fire &
Marine Insurance group
W. L. LERCH, Manager of the Underwriters Grain As-
EEE LEAST LT ee REO Ear
Exhibit 64—Check of Underwriters Grain Asaveiation,
dated March 18, 1936, issued to C. R. wistents Agent,
2
Exhibit 65—Letter from C. R. Street to W. “tg ‘Leth,
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, deted
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. Street, Agent,
for $495.38
Exhibit 69—Check of Law, Union & Rock Suiswenee
Company, dated March 24, 1936, issued to C. R.
Street, Agent, for $1,307.63... e
Exhibit 225—Letter from C. Ceumen | to emer iL
Berger, dated August 1, 1939
Exhibit 225a—Carbon copy of letter from Geum,
Manager, to General Manager, London, dated shite
10, 1936
Exhibit 225b—Carbon copy of page from net ‘a
Missouri Impounded Premiums as of June 30, 1936
Vol. Page
I 273
I 274
I 279
I 294-295
I 297
I 300
I 305
I 310
I 312
I 315
I 317
I 323
I 324
I 325
I 326
I 330
I 331
I 332
4
y
Le ee ee |
InDEx I
Exhibit 225c—Memorandum letter from Home Office of
London & Lancashire Insurance Company saint %
Chicago, dated July 24, 1936
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 ..Siemesnien w Mr. ‘Bate, “dated
March 23, 1936 ......
Exhibit 71—Check of Northern ‘Assurence ‘Company,
dated March 23, 1936, issued to C. R. — Agent,
for $4,910.48...
Exhibit 12-—Check of Leon & ‘Scottish ‘men
Corporation, dated March 24, 1936, payable to North-
ern Assurance Company, Ltd., for $673.33_............
O. E. LANE, President, Fire Association of Philadelphia
group -.....
WALTER F. BRADY, Vice President and Secretary of
Merchants Fire Assurance Corporation.......................
Exhibit 73—Memorandum by Mr. went dated March
25, 1936... aa
Exhibit 14—Check ‘Sevchents ‘Fire anne Cn
poration, dated March 25, 1936, issued to C. R.
Street, Agent, for $3,012.99...
Exhibit 75—Page 125 of Gcnnel ‘Cash: Book of iow
chants Fire Assurance dintnsunnnendh dated _—
CEE iM a
F. J. BREEN, President Standard Fire Insurance Com-
pany of New Jersey...
Exhibit 76—Check of Standard Fire ‘teswenee C=
pany, dated March 24, 1936, issued to C. R. Street,
Agent, for $2,891.02 .
Exhibit 11~Memevendum thowing inpeuntings an
’ amount of check of Standard Fire Insurance Com-
ee ee
Exhibit 78—Page 116 of Cash Book of Standard Fire
Insurance Company of New Jersey... ~
Exhibit 79—Page 65 of the Jounal of Genter’ Fire
Insurance Company, dated June, 1936...
Exhibit 80—Ledger page entitled “Missouri '-
pounded Premiums Held by Trustee—Expenses”
Standard Fire Insurance Company of New Jersey
337
VIIT InpEex I
Exhibit 81—Ledger page entitled “Legal -~ amma
Standard Fire acne Company, 1936-1938_____
WILLIAM H. KOOP, President Great American In-
surance Company group
Exhibit 82—Check requisition, Great American Inout
ance Company, for $10,000.00, payable to R. J.
Folonie, Attorney, dated March 9, 1935...
Exhibit 84—Check Great American tnowenes on
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... aes
Exhibit 87—Telegram from w. H. See to c. R. ‘Street,
dated May 16, 1935...
Exhibit 88—Telegram rem C. R. Street to ‘Mr. Koop,
dated May 16, 1935
Exhibit 89—Memorandum from Mr. Erskine my Mr.
Koop, dated May 16, 1935...
Exhibit 90—Letter from Mr. Erskine to Mr. Street,
I a”
Exhibit 91—Telegram from Mr. Erskine to Mr. Street,
dated May 16, 1935...
Exhibit 92—Telegram from Mr. Erskine te Mr. Street,
ge a
Exhibit ie ig a from Mr. Street to Mr. sia
dated May 23, 1935...
WILFRED KURTH, Chairman of the Board of Home
Insurance Company and affiliated companies...
Exhibit 94—Check of Home Insurance Company, dated
May 2, ‘935, issued to Charles R. Street, Chairman,
ih SEL ER ES
Exhibit 95—Check of Home Insurance Company
Special Account No. 3, dated March 23, 1936, issued
to C. R. Street, Agent, for $2,868.14 . te
(Exhibit 95a see page XXVI.)
Exhibit 96—Order by Mr. Kurth for check to Cc. R.
Street, Chairman, for $15,000.00, dated May 2, 1935
Exhibit 97—Order for check to Charles R. oe
Chairman, for $15,000.00, dated May 2, 1935...
re
InDEx I Ix
Vol. Page
Exhibit 98—Order for check to C. R. Street, Agent,
for $28,682.14, dated March 23, 1936 I 436
Exhibit 99—(Plaintiff's Exhibit 1) Page from Cash
Book of Home Insurance ae dated May 2,
EP cavitstentermarmentenninerevaecniendiatonae coennaindontinctenastaniets I 448
JOHN R. VAN HORNE, Secretary Globe & Rutgers In-
surance Company... neh I 453
Exhibit 100—Memorandum fom Mr. Van Nerne to
George C. Bowers, dated March 23, 1939.. in +e 459
Exhibit 101—Check of Globe & Rutgers inswwenee
Company, dated March 23, 1936, issued to C. R.
RS I 460
Exhibit 102—Check requisition dated March 23, 1936,
to C. R. Street, Agent, for $2,852.81... = = I 461
HAROLD T. CARTLIDGE, Deputy United States Man-
ager Royal Inrurance Company and affiliated com-
panies ... I 462
Exhibit 103—Check soquisttion, Royal Insurance Con
pany, for $10,000.00, to C. R. wie Chairman,
dated May 2, 1935... I 473
Exhibit 104—Check Royal ineuenes Cumen, ‘dated
May 2, 1935, payable to C. R. Street, Chairman, for
| (ss FS I 474
Exhibit 105—Letter puny ‘Subscribers’ Actuarial Com-
mittee to companies, dated February 4, 1936... I 477
Exhibit 106--Memorandum as to impoundings Royal
Insurance Company group.......... I 480
Exhibit 107—Memorandum from Paul L. Haid to Mr.
Warner ............. I 483
Exhibit 108—Order fw uk ‘dated March 23, 1936,
payable to C. R. Street, Agent, for $12,200.40... I 487
F. W. KOECKERT, United States Manager Commercial
Union Assurance Company group; member Sub-
scribers’ Actuarial Committee I 495
Exhibit 109—Check of Commercial Union Aasmnee
Company, dated May 2, 1935, issued to C. R. Street,
NS Ee I 501
Exhibit 111—Page from Cash Book for May, 1935,
Commercial Union Assurance Company... I 503
Exhibit 110—Check of Commercial Union Assurance
Company, dated March 21, 1936, issued to C. R.
Street, Agent, for $8,281.67 I 521
Exhibit 112—Ledger sheet entitled “National and
Local Boards” Commercial Union Assurance Com-
pany, May 2, 1935. tee ae I 528
x Inpex 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....
Exhibit 115—Circular letter from Missouri Snapestion
Bureau to agents, dated June 12, 1935...
Exhibit 116—Marked but not offered, covered by
statement
Exhibit 117—Check Potomac Insurance Compeny,
dated March 24, 1936. issued to C. wach mandates
for $2,450.74 ;
Exhibit 119—Requisition for check, Petemes ‘he
ance Company, dated March 24, 1936, to C. R.
I NS Eee
Exhibit 118—Photostatic copy of Memorandum from
files of Potomac Insurance Company... -
RONALD R. MARTIN, United States Manager Atlas
Insurance Company..._.....
Exhibit 120—Letter from Mr. Barry to Mr. Schoen,
BS
(Exhibit 120a see page XXVI.)
FRED A. HUBBARD, former President Globe & Rutgers
Fire Insurance Company, and President Hanover Fire
Insurance Company
Exhibit 121—Check Hanover Fire Insurance Com-
pany, dated March 23, 1936, issued to R. J. Folonie,
Agent, for $4,116.48
Exhibit 122—Letter from Vice President Senover Fire
Insurance Company to C. R. Street, Trustee, dated
March 23, 1936
Exhibit 123—Letter from Mr. Coffill to Mr. Nelson,
dated March 23, 1936
Exhibit 124—Letter from Mr. Nelson to Mr. Coffill,
dated March 25, 1936
Exhibit 125—Sheet 313 of the Agency Renéitences
for month of March, 1936, for Hanover Fire In-
surance Company..
Exhibit 126—Sheet from Agency Remittences ‘Menever
Fire Insurance Company for month of March, 1936
Exhibit 127—Sheet from Cash Book Hanover Fire
Insurance Company for month of March, 1936...
II
II
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11
12
13
14
15
15
15
Inpex I
Exhibit 128—Page from General Cash Book, Western
t, Hanover Fire Insurance Company,
month of March, 1936
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 Compan.°.....
j Exhibit 133—Page from Ledger of Hanover Fire In-
4 surance Company, entitled “Home Office”.
B Exhibit 134—Page from Ledger of Senover Fire _
a surance Company, entitled “Legal Expenses”...
Exhibit 135—Monthly Report, Western Department,
Hanover Fire Insurance as month of March,
} OSWALD TREGASKIS, United States Manager, Sun
, Insurance Office, and President Patriotic Insurance
Company ........--.
Exhibit 136—Check ‘sequisition, Patriotic Snswense
Company, to R. J. Folonie, “om, dated March 23,
1936, for $249.31.. m
Exhibit 137—Check ‘of Patriotic fiesunenee ‘Company,
dated March 23, 1936, inal to R. J. Folonie,
Agent, $249.31...
Exhibit 138—Requisition ser aot, nay ‘insurance
Office, payable to R. ies Folonie, hmestade for — 06,
March 23, 1936...
C. A. SIEDELL, Secretary er Insurance Com-
ae
Exhibit 139—Check ‘Seuyvesont Ineubenee ‘Company,
bs dated March 23, 1936, — to C. R. Street,
* for $1,171.41... - aia
F FRANK M. SMALLEY, President, Glens Falls Insurance
ee
Exhibit 140—Check. of Glens Falls Insurance Canpem,
dated March 20, 1936, issued to C. R. Street, Agent,
for $2,877.38... -
Exhibit 141—Order fe aut to Cc R ‘Street, Agent
dated March 20, 1936, for $2,877.38...
Exhibit 142—Letter of Glens Falls ieeutease Cam-
pany to Mr. J. D. Erskine, dated March 20, 1936...
H. F. WATERMAN, Secretary, Agricultural Insurance
Vol.
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Page
15
15
15
15
15
15
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19
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. Street to 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 Royal
Exchange Assurance, dated March 31, 1936...
LAURENS R. BOWDEN. Vice President, Bankers &
Shippers Insurance Company Group...
Exhibit 147—Check Pacific Fire Snsspenee Conga,
dated March 24, 1936, to R. J. Folonie, Agent.
gg RE .
Exhibit 148—Check Bankers & Shippers Insurance
Company, dated March 24, 1936, to R. J. Folonie,
Agent, for $2,060.97..
Exhibit 149—Check of the Jersey Insurance Can
pany, dated March 24, 1936, issued to R. J.
Folonie, Agent, for $1,402.27
Exhibit 150—Requisition for check 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 Insurance
Company entitled “Missouri Impound Custodian” ....
HARRY HALPRIN, Assistant Branch Secretary of Royal
Exchange Group :
Exhibit 154—Check of Royal Exchange Assurance,
dated March 23, 1936, te 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
InDEx J XIII
Vol. Page
Exhibit 157—Check Eagle Star & British Dominions
Insurance Company, dated March 24, 1936, to C. R.
Street, Agent, for $1,028.57 84 109
Exhibit 158—Voucher of Eagle Star & British Domin-
ions Insurance Company, dated March 24, 1936... II
Exhibit 159—Page 252 from Cash Book of Eagle Star
& British Dominions Insurance Company for month
of March, 1936
JOHN R. BARRY, Vice President of Corroon & Reynolds
EVERETT W. NOURSE, United States Manager London
Assurance Corporation Group.
Exhibit 160—Check of London Assurance, dated
March 23, 1936, to Charles R. Street, Agent, for
$3,493.96
PAUL B. SOMMERS, President, American Insurance
Company Group
Exhibit 161—Check requisition of 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 requisition of Columbia Fire
Insurance Company
THEODORE PLESSNER, President of Northern Insur-
Exhibit 164—Check of Northern Insurance Company,
dated March 23, 1936, to C. R. dinstsone Agent, for
$3,639.20 .. Sinaiiecomies reat
GEORGE S. ALLEN, Chief Accountant, Svea Fire & Life
Insurance spa and anata of Hudson Insur-
ance Company... a
Exhibit 165—Check of Svea Fire & Life Insurance
Company, dated April 2, 1936, to C. R. Street,
Agent, for $647.91
Exhibit 166—Check of Hudson Insurance Company,
dated -— * 1936, to C. R. ee Agent, for
$615.66 . ; ‘
HENRY J. WYATT, Vice President, Crum & Forster
Exhibit 167—Check of Crum & Forster, dated May
2, 1935, to Charles R. — Chairman, for
$5,000.00 _.
Exhibit sik ieee Peabo: distribution 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 $6,419.41; and
memorandum prepared by Mr. Haid
Exhibit 171—Copy of check and office voucher of
Crum & Forster, dated March 21, 1936, to C. R.
Street, Agent, for $6,419.41
S. CLARENCE KLINE, Superintendent of Agencies,
Tokio Marine & Fire Insurance Company... ..............
Exhibit 172—Check of Tokio Marine & Fire Insurance
Company, dated March 25, 1936, to C. R. Street,
Agent, for $1,792.86
FRANK B. MARTIN, formerly with Yorkshire Insur-
ance Company group...........
Exhibit 173—Requisition of Yorkshire Insurance Com-
pany, dated March 24, 1936, to C. R. Street, Agent,
for $2,455.62
Exhibit 174—Check of Yorkshire Insurance Company,
Ltd., dated March 24, 1936, to Cc. R. Street, Agent,
for $2,455.62
T. J. IRVINE, Manager and President of Phoenix As-
surance, Ltd., group.
Exhibit 175—Check of Phoenix Assurance Company,
Ltd., of London, dated March 23, 1936, to C. R.
Street, Agent, for $5,226.18
Exhibit 176—Memorandum showing pproration of
payment borne by each member of the group
Exhibit 177—Memorandum prepared by Mr. Irvine,
March 23, 1936
Exhibit 178—Letter of Mr. Cunningham to Mr.
Erskine, dated March 23, 1936
Exhibit 179—Page from Cash Book of Phoenix As-
surance Company for month of March, 1936
Exhibit 180—Page 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 Company
of the State of Pennsylvania
JOHN J. P. RODGERS, Vice President and Treasurer
of Insurance Company of the State of Pennsylvania _.
INDEX I
Exhibit 182—Check of Insurance Company of the
State of Pennsylvania, dated March 24, 1936, to
Cc. 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 Insurance Executives
Association, dated March 20, 1939... 22.
JOHN M. THOMAS, President National Union Fire
Insurance Company
Exhibit 186—Check National Union Fire Insurance
Company, dated March 23, 1936, issued to Charles
R. Street, Agent, for $4,019.00_...
Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated
March 17, 1936
Exhibit 189—Letter of Mr. Thomas to Mr. Street, dated
March 23, 1936
Exhibit 187—Check requisition of National Union Fire
Insurance Company, dated March 20, 1936
WILLIAM C. DENT, Assistant Secretary, Potomac In-
surance Company
SHELDON CATLIN, Vice President of Insurance Com-
pany of North America Group
Exhibit 190—Disbursement voucher of Insurance Com-
pany of North America, dated March 24, 1936
Exhibit 191—Check of Insurance Company of North
America, dated March 24, 1936 to C. R. —
Agent, for $8,903.39... eee aes,
(Exhibit 19la see page XXV,)
(Exhibit 191b see page XXV.)
(Exhibit 191c 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 Inpex I
Exhibit 196—Check Eagle Fire Insurance Company,
dated March 23, 1936, to C. R. Street, Agent, for
$896.60
A. T. TAMBLYN, President Lincoln Fire Insurance Com-
pany (Chicago Fire & Marine and Presidential Fire
& Marine)
Exhibit 197—Check of Lincoln Fire Insurance Com-
pany, dated April 15, 1936, to C. R. Street, Agent,
for $694.52.
LOUIS MOECKEL, Supervisor of the Statistical De-
partment of Continental Insurance Company group........
Exhibit 198—Memorandum prepared by Mr. Moeckel,
dated December 18, 1935.............
Exhibit 199—Letter of Mr. Swan to Mr. Haid, dated
March 23, 1936
Exhibit 200—Letter of Mr. Swan to Mr. Jones, dated
March 21, 1936
Exhibit 201—Letter of Mr. Swan to Mr. Jones, dated
March 30, 1936 ee
Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated
April 1, 1936
W. H. EMES, Comptroller of Continental Insurance
Company group
Exhibit 203—Letter from Mr. Jones to Mr. Culver,
dated April 20, 1936
CECIL F. SHALLCROSS, United States Manager of
North British & Mercantile Insurance Company group
F. W. MAASEN, Auditor of London Assurance Corpora-
tion group.
J. D. EKSKINE, 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 cf Trustees of Insurance Executives
Association in 1935
Exhibit 208—List of Trustees of Insurance Executives
Association in 1936.
InDEx I
Exhibit 209—List of companies in Missouri Rate case
in Federal Court not affiliated with Insurance Exec-
utives Association... =
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
Exhibit 214—Check of Caledonian Insurance Company,
dated May 3, 1935, to Charles R. Street, Chairman,
for $2,000.00... es
Exhibit Sit—Sasben | copy a ‘hee om ‘Chief -
countant Caledonian Insurance Company to Mr.
Street, dated November 19, 1936.
Exhibit 212—Letter of Mr. Street to Mr. Clark, pow
November 23, 1936. Ae
Exhibit 213—Letter oom Mr. ‘Clark t to Mr. ‘Street, pore
November 25, 1936.. :
Exhibit 215—Check of Caledonian lanwenee 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
R. M. BISSELL, President of Hartford Fire Insurance
Company group............-
Exhibit 218—Check of Hartford vee ‘tee rm
pany, dated May 3, 1935, to C. R. Street, Chair-
man, for $10,000.00 . %
Exhibit 219—Letter of Mr. ‘Bissell: to ‘i. G. _ Dugan,
dated December 27, 1935.. eA
JOHN H. VREELAND, United States Manager of Scot-
tish Union and National Insurance —_—: 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, prone to
Scottish Union & National Insurance Besse
dated May 3, 1935...
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
Insurance Company, dated March 27, 1936, to C. R.
Street, Agent, for $414.50... pecans ae
XVIII INDEX I
Exhibit 224—Letter to Scottish Union & National In-
surance Company from Internal Revenue Agent,
dated September 21, 1937
Exhibit 224a—Report of Internal Revenue Agent en-
closed with Exhibit 224
(Exhibit 225 see page VI.)
(Exhibit 225a see page VI.)
(Exhibit 225b see page VI.)
(Exhibit 225c see page VII.)
FREDERICK M. DOMINICK, Assistant Secretary Boston
Insurance Company group
Exhibit 226—Letter of Mr. Dominick to Mr. Hewett,
dated March 21, 1936
Exhibit 228—Letter to Paul L. Haid from Mr.
Dominick, dated March 21, 1936
(Exhibit 228a see page XXVI.)
Exhibit 227—Receipt of C. R. Street to Old Colony
Insurance Company, dated March 25, 1936_.___
Exhibit 227a—Receipt of C. R. Street to Boston In-
surance Company, dated March 25, 1936
I. LLOYD GREENE, Vice President of Boston Insurance
Company group
Exhibit 229—Memoranda prepared by Mr. —
March 21, 1936
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 cf Old Colony Insurance
F. B. LUCE, Vice President of the Providence Washing-
ton Insurance Company
Exhibit 233—Check of Providence Washington law
ance Company, dated March 24, 1935, to C. R.
Street, Agent, for $2,186.72
FRANK A. SCHLESINGER, Treasurer of Springfield Fire
and Marine Insurance Company group...
Exhibit 234—Certificate of Frederick B. Sweet in re
- George G. Bulkley, dated August 3, 1939...
INDEX I XIX
Vol. Page
Exhibit 235—Affidavit of George G. — dated
August 3, 1939 : Is 531
Exhibit 236—Letter from Tresswer we ‘Paul & ‘Haid,
dated March 23, 1936... eel II 539
Exhibit $01-—-Diemevendem ‘of March 4, 1936, o-
ing 5% of impoundings Springfield Fire Group II 540
Exhibit 238—Same as Exhibit 63... I 294-295
Exhibit 239—Check of Springfield. ‘Fire & ‘Mesias
Insurance Company, dated March 23, 1936, to C. R.
a Street, Agent, for $15,821.52... fect II 541
ag Exhibit 240—Receipt from C. R. Street, _ Agent, to , te.
& Bulkley, dated March 31, 1936. Ps Mea ieee II 542
a. ROBERT C. WEIGEL, Secretary and Comptroller of
3 the Rhode Island Insurance Company group............ II 1
Exhibit 241—Check of Rhode Island Insurance Com-
aq pany to C. R. Street, Agent, dated March 26, 1935,
«4 for $2,938.42... ae Ill 4
Exhibit 242—Check of Merchants laounaes Company
of Providence, dated March 31, 1936, to C. R.
a Street, Agent, for $1,010.90... RAD er ERs Die LAER III 5
a Exhibit 243—Requisition for check for $2,938.42, pay-
a able to C. R. Street, Agent, March, 1936.................. Ill 6
4 Exhibit 244—Letter from Mr. Weigel to Mr. Street,
TS a ere nen et ee III 7
Exhibit 245—Letter from Mr. Weigel to Mr. Street,
dated March 26, 1936. Poe III 8
# Exhibit 246—Letter from Mr. Street to ) Mr. ‘Weigel,
ag dated March 28, 1936. ..... _. Ill 9
a Exhibit 247—Letter from Collection » Manager t to Mr.
e Street, dated March 31, 1936... ae Nonkapeice Sane 10
i JOHN R. COONEY, President of the Firemen’s Insur-
ance Company group . “ee III 14
a
bs
3 GILBERT KINGAN, Eastern Manager of London and
Lancashire Insurance Company and Chief Executive
of affiliated companies... : . Ill 18
Exhibit 248—Letter from J. P. een to wy L
Haid, dated August 4, 1999.......... ............................... Ill 21
Exhibit 249—Letter from J. P. Rodgers to Sow L.
Haid, dated August 4, 1939 eae. III 22
Exhibit 250—Letter from Mr. Rodgers to Subswtbew
Actuarial Committee, dated February 18, 1936... Ill 23
Exhibit 251—Memorandum of March 24, 1936, The ‘o-
_ surance Company of the State of Pennsylvania... III 24
' Exhibit '252—Letter from Mr. Rodgers to Subscribers
Actuarial Committee, dated February 19, 1936... II 25
xx INDEX I
ESMOND EWING, Vice President and sanstnasid 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, payable to C. 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
Charles R. Street, Chairman
(Exhibit 254a see page XXVI.)
Exhibit 255—Memorandum from Robert D. Safford to
Auditor Flynn, dated May 27, 1935
Exhibit 256—Memorandum from Mr. Safford to Mr.
* Flynn, dated February 26, 1936
Exhibit 257—Memorandum from Mr. Safford to Mr.
Flynn, dated March 25, 1936.
Exhibit 258—Memoranda, dated March 24, 1936, for
Ewing
Exhibit 259—Letter fron. Ewing to Mr. Erskine, dated
March 25, 1936
Exhibit 260—Letter from Safford to George C. ton,
dated May 3, 1935.
Exhibit 261—Memorandum prepared by Alfred Stin-
son, dated May 4, 1935
FRANK D. LAYTON, President of the National Fire
Insurance Company group
GEORGE C. LONG, JR., President of the Phoenix In-
- surance Company group.
Exhi>it 262—Letter from Mr. Bissell to Mr. Long,
dated May 3, 1935
“hibit 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 of telegram from Mr.
Street to Mr. Long, dated May 16, 1935
. Exhibit 269—Photostatic copy of telegram from C. R.
Street to George C. Long, dated May 16, 1935
INDEX 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_.
Exhibit 271—Photostatic copy of telegram | hom “Mr.
Long to Mr. Street, dated May 16, 1935.
JOHN F. GILLIAMS, Vice President of the Camden
Fire Insurance Company...
Exhibit 272—Requisition of ‘Gin Fire eeuenee
Company, dated March 23, 1936, to C. R. Street,
Agent, for $2,301.59...
Exhibit 273—Check of Camden Fire Insurance Com
pany, dated March 23, 1936, to C. R. Street,
Agent, for $2,301.59 ; a
J. D. SMART, President of the New Hampshire Fire
Insurance Company group
Exhibit 274—Check of New Hampshire Fire Insurance
Company to C. R. Street, Agent, for $4,652.18, dated
March 21, 1936
Exhibit 275—Memo of telephone conversation from
Paul Haid to J. D. Smart, dated March 21, 1936...
Exhibit 276—Letter from Mr. Swallow to Mr. Haid,
dated March 21, 1936.. a 2
GEORGE W. SWALLOW, Secretary-Treasurer of the
New Hampshire Fire and Secretary of the Granite
SEE aE ee
HENRY P. WHITMAN, Vice President of the Phoenix
Insurance Company group. ;
JOSEPH K. HOOKER, Vice President of the Auto-
mobile Insurance Company group... Sets
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, Roenetiel dated
Exhibit s9te-—Check of aateaititie Insurance Com-
pany for $3,500.00 to C. R. Street, — dated
May 4, 1935. at a
Exhibit 278b—Endorsement on check, Exhibit 278 ..
Exhibit 278c—Endorsement on check, Exhibit 278a........
Exhibit 279—Check requisition of Automobile Insur-
ance Company of Hartford, to C. R. Street, Chair-
man, dated May 4, 1935, for $3,500.00
Vol.
III
II
III
Ill
Ill
III
III
II
Ill
III
III
Il
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. Street, Agent, dated March
24, 1936, for $3,158.48
Exhibit 281—Voucher No. 42 for check payable to
C. R. Street, Chairman, for $3,500.00, dated May 4,
1935, by Automobile Insurance Company of Hart-
ford; also Voucher No. 221 for check payable to
C. R. Street, Agent, for $3,158.48, dated March 24,
1936, Automobile Insurance Company of Hartford....
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
1, 1935
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
Exhibit 286—Letter from Mr. Linde to Mr. Roche,
dated July 15, 1938.
Exhibit 287—Sheet No. 39 from Journal of Auto-
mobile Insurance Company, for month of May,
1935
Exhibit 288—Sheet No. 46 from Journal of hate
mobile Insurance Company, for month of May,
1935
Exhibit 289—Sheet entitled “Legal Expense” Account
No. 97, for year 1935, Automobile Insurance Com-
pany -
Exhibit 290—Sheet No. 23 from Journal of Auto-
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 —..........
WILLIAM H. TALCOTT, Auditor of Scottish Union and
National Insurance Company.... = oe
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 Disbursements
book of firm of Hicks and Folonie, entitled “Cash
Disbursements,” dated May, 1935-
141-142
148
144
146
147-148
INDEX I
Exhibit 296—Statement from C. R. Street to income
tax representatives.
Exhibit 295—Check ,of Phoenix Insurance Company,
payable to R. J. Folonie, Attorney, for $6,500.00,
dated May 4, 1935
Exhibit 297—Check of Pacific Fire Insurance Com-
ae pany, dated March 24, 1936, payable to R. J. Folonie,
4 Agent, for $1,602.17
4 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-
e pany, dated March 24, 1936, payable to R. J. Folonie,
a Agent, for $1,402.27
a Exhibit 300—Check of Sun Insurance Office, dated
oa March 23, 1936, payable to R. J. Folonie, Agent,
a for $3,691.06
Exhibit 301—Letter from C. R. Street to Mr. Folonie,
dated December 28, 1937
A. L. McC( «MACK, in the insurance business.................
RAY B. DUBOC, President of The Western Fire In-
surance Company.
i Exhibit 302—Check of The Western Fire Insurance
Company, dated April, 1936, payable to C. R. Street,
Agent, for $1,693.63
a Exhibit 303—Letter from C. R. Street to Mr. Duboc,
7 dated March 30, 1936
’ Exhibit 304—Statements from Missouri Inspection
Bureau to Western Fire Insurance Company for
assessments for the years 1929-1930_..........................-
Exhibit 305—Statements of assessment of Missouri
Inspection Bureau to Western Fire Insurance Com-
pany dated January 2, 1934, October 1, 1933, July
1, 1933, May 1, 1933, April 1, 1933, and Premium
“ag
*
%h
§
BS
4 Report to Missouri Inspection Bureau dated March
& 21, 1933 praee
4 * Exhibit 306—Letter dated September 2, 1931, fro
Missouri Inspection Bureau to Western Insurance
af Company
: RUSSELL D. HOBBS, Recalled
Exhibit 307—Copy of letter from Hicks & Folonie,
dated March 12, 1935, to C. R. Street, Chairman...
G. N. GARDNER, Vice President of the Merchants Fire
Insurance Company of Denver
XXIII
Vol. Page
III 179
III 181
III 200
III 201
III 202
III 203
III 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
Exhibit 310—Copy of letter from Mr. Gardner to
Mr. Street, dated April 1, 1936
Exhibit 311—Copy of letter from C. R. Street to Mr.
Jessup, dated April 4, 1936
Exhibit 312—Copy of letter from Mr. Street to Mr.
Gardner, dated April 4, 1936
Exhibit 313—Copy of letter from Mr. Jessup to Mr.
Gardner, dated April 6, 1936
Exhibit 314—Copy of letter from Mr. Gardner to Mr.
Jessup, dated April 8, 1936
Exhibit 315—Copy of letter from Mr. Jessup to Mr.
Gardner, dated April 9, 1936
Exhibit 316—Copy of letter from C. R. Street to
A. L. Jessup, dated March 30, 1936
Exhibit 317—Copy of letter from Mr. Jessup to Mr.
Street, dated April 2, 1936
Exhibit 318—Copy of letter from Mr. Jessup to Mor-
rison, Nugent, Berger, Byers & Johns, dated August
26, 1939
Exhibit 319—Copy of letter from Mr. Jessup to Mor-
rison, Nugent, Berger, Byers & Johns, dated Sep-
tember 1, 1939
J. L. PARSONS, President of Crum & Forster...
Exhibit 320—List of plaintiff companies showing
number of each case and group affiliations
W. R. McCAIN, President of the Aetna Insurance
Company group
Exhibit 321—Check of Aetna Insurance Company,
payable to Charles R. Street, Chairman, for
$5,000.00, May 3, 1935.
Exhibit 322—Check of Aetna Insurance Company,
dated March 23, 1936, to C. R. Street, Agent, for
$6,991.95
Exhibit 323—Memorandum prepared by G. H. Grant,
Sec.
HAROLD WARNER, President of the Royal Insurance
Company group
Exhibit 324—Memorandum for Journal Entry, dated
June, 1935, Royal Insurance Company.....................-
317
I 327-331
Ill
331
342
343
350
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
Insurance Company group
Exhibit 326—Check requisition of Continental In-
surance Company, dated May 2, 1935, for check
to Chas. R. Street, Chairman, for $15,000.00...
Exhibit 327—Check of The Continental Insurance
Company, dated March 21, 1936, to C. R. Street,
Agent, for $22,323 12
Exhibit 328—Check requisition of The Continental In-
surance Company of New York, dated March 21,
1936, to order of C. R. Street, Agent, for $22,323.12
EDWARD WEST ELWELL, President of the Royal Ex-
change Assurance group
Exhibit 3la—Check of Fire Aesndiatien of Philadel-
phia, dated April 29, 1936, to C. R. Street, for
$2,929.90
Exhibit 31b—Check of Lumbermen’s Insurance Sum
pany, dated April 29, 1936, to C. R. Street, for
$1,221.22
Exhibit 31c—Check of The Reliance Insurance Com
pany, dated April 29, 1936, to C. R. Street, for
$794.78
Exhibit 31d—Check of The Reliance Insurance Com-
pany, dated April 29, 1936, to C. R. Street, for
$479.69 __...
Exhibit 191a—Check of The Alliance ceeeeee Cm»
pany of Philadelphia, dated March 24, 1936, to
C. R. Street, Agent, for $1,077.43
Exhibit 191b—Check of National Security Fire In-
surance Company, dated March 24, 1936, to C. R.
Street, Agent, for $552.19
Exhibit 191c—Check of Philadelphia Fire & Marine
Insurance Company, dated March 24, 1936, to C. R.
Street, Agent, for $2,553.21
Exhibit 4la—Check of Mercury Insurance Comeene,
dated March 31, 1936, to C. R. Street, Agent, for
$1,390.36 .............. 3
XXVI INDEX I
Vol. Page
Exhibit 41b—Check of St. Paul Fire & Marine In-
urence Company, dated March 31, 1936, to C. R.
Street, Agent, for $4,121.75 Ill 431
Exhibit 254a—Check of The Travelers Fire Insurance
Company, dated March 25, 1936, to C. R. Street,
Agent, for $6,738.21 Ill 432
Exhibit 120a—Check of Atlas Assurance Company,
Ltd., dated March 23, 1936, to C. R. Street, Agent,
for $2,159.17 433
Exhibit 95a—Check of National Liberty Insurance
Company of America, Special Account #3, to
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 Ill 437-472
Exhibit 330—Certified copy of Final Judgment of
Aetna vs. O’Malley, December 7, 1935 Ill 474-511
Exhibit 331—Copy of Certificate of Satisfaction of
Judgment on January 16, 1936_ III 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 III 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 519
Exhibit 335—Statement of various accounts taken
from Custodian’s record as of June 30, 1929—
amounts as to each company of the total im-
pounded distribution to the companies, distribution
to the trustees, balance on hand, and amounts re-
turned to Custodian by each company... .... III 523-531
CERTIFICATE OF REPORTER, dated rcntenar aed 12,
1939
Stipulation as to checks of "
pany and Phoenix Insura.... ~»mpany
INDEX II
INDEX II
Alphabetical Index of Witnesses
ALLEN, GEORGE S., Chief Accountant, Svea Fire &
Life Insurance Company, and Secretary of Hudson
BAKER, R. V. A., General Auditor of Tokio Marine &
Fire Insurance Company
BARBOUR, ROBERT P., United States Manager of
Northern Assurance Company and London and Scot-
tish Assurance Corporation
BARRY, JOHN R., Vice President of Corroon & Reynolds
BELL, GEORGE H., Manager, Western Department,
National Fire Insurance Company and affiliated com-
panies; member Subscribers Actuarial Committee.
BERGER, HOMER H., Attorney for the Insurance Com-
panies
BISSELL, R. M., President of Hartford Fire Insurance
Company group
BOWDEN, LAURENS R., Vice President, Bankers &
Shippers Insurance Company Group
BRADY, WALTER F., Vice President and Secretary of
Merchants Fire Assurance Corporation
BREEN, F. J., President Standard Fire Insurance Com-
pany of New Jersey
BUCK, S. M., former Western Manager of Firemen’s
Fund Insurance —w icsctindie member Subscribers
Actuarial Committee...
CAMPBELL, JOHN J., with the Custodian of Impounded
Funds ite
CARTLIDGE, HAROLD 1 _* ‘wae United States Man-
ager Royal Insurance Company and affiliated com-
CASHEL, JOHN R., Assistant Manager, Providence
Washington Insurance Company
CASPER, HARRY G., United States Manager of Eagle
Star & British Dominions Insurance Company...
CATLIN, SHELDON, Vice President of Insurance
Company of North America group
CLARK, HERBERT A., Vice President, Firemen’s Fund
Insurance Company Group; member of Subscribers
Actuarial Committee.:
Vol. Page
II
II
153
218
XXVIII InDEx II
CLARK, ROBERT R., Manager of Caledonian Insurance
Company
CLAUSSEN, CARSTEN, Manager Western Department,
London & Lancashire Insurance Company Group =
COONEY, JOHN R., President of the Firemen’s In-
surance Company Group
CULVER, BERNARD M., President of the Continental
Insurance Company Group
DARLINGTON, HART, Manager of the New York De-
partment of Norwich Union Society Group
DENT, WILLIAM C., Assistant Secretary, Potomac In-
surance Company.
DOMINICK, FREDERICK M., Assistant Secretary of
Boston Insurance Company Group
DOSDALL, C. A., Secretary, St. Paul Fire & Marine In-
surance Company, and Mercury Insurance Company
DUBOC, RAY B., President of The Western Fire In-
surance Company.
ELWELL, EDWARD WEST, President of the Royal Ex-
change Assurance Group
EMES, W. H., Comptroller of Continental Insurance
Company Group.
ERSKINE, J. D., Secretary, Insurance Executives
Association
EWING, ESMOND, Vice President and Secretary of The
Travelers Fire Insurance Company.
FOLONIE, ROBERT J., of the firm of Hicks & Folonie,
Attorneys for the Insurance Companies
GARDNER, G. N., Vice President of the Merchants Fire
Insurance Company of Denver...
GILLIAMS, JOHN F., Vice President of the Camden
Fire Insurance Company
GREENE, I. LLOYD, Vice President of Boston Insur-
ance Company Group cen
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 Company Group; member of Sub-
scribers Actuarial Committee
HEDGE, WILLIAM R., President of Boston Insurance
Company and Old Colony Insurance Company...
es 8 & &&
mh wm 8 8B 8 g
Index IT
HENNE, ERNEST A., Chairman, Subscribers Actuarial
Committee, and Vice President Continental Insur-
ance Company Group.
HOBART, BERNARD E., Auditor, Springfield Fire &
Marine Insurance Company Group
HOBBS, RUSSELL D., Secretary, Subscribers Actuarial
Committee .
HOOKER, JOSEPH K.., Vice President of the Automobile
Insurance Company Group... a
HUBBARD, FRED A., former President of Globe &
Rutgers Fire Insurance oe 4 and President Han-
over Fire Insurance Company... a
IRVINE, T. J., — and President of Phoenix As-
surance, Ltd., Group.... ba: Cate
KINGAN, GILBERT, Eastern Semen Castes « and
Lancashire Insurance Company and Chief Executive
of affiliated companies
KLINE, S. CLARENCE, Superintendent of Agencies,
Tokio Marine & Fire Insurance Company
KOECKERT, F. W., United States Manager Commercial
Union Assurance Company Group; member Sub-
scribers Actuarial Committee.
KOENIG, JOHN, Secretary, United States Branch, Royal
Exchange Assurance Group
KOOP, WILLIAM H., President Great American Insur-
ance Company Group
KURTH, WILFRED, Chairman of the Board of Home
Insurance Company and affiliated companies
LANE. O. E., President, Fire Association of Philadelphia
Group
LAYTON, FRANK D., President of the National Fire
Insurance Company Group................
LERCH, W. L., Manager of the Underwriters Grain
LONG, JR., GEORGE C., President of the Phoenix In-
surance Company Group
LUCE, F. B., Vice President of the Providence Wash-
ington Insurance Company
MAASEN, F. W., Auditor of Londen Assurance Cor-
poration Group...
MARTIN, FRANK B., , formerly » with Yorkshire Insur-
ance Company Group .. alee
XXIX
Vol. Page
II
I
XXX InDEx 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
PARSONS, J. L., President of Crum & Forster.
PLESSNER, THEODORE, President of Northern
Insurance Company
POWRIE, A. F., Manager, Western Department, Fire
Association of Philadelphia Group
REEKIE CHARLES A., Vice President and Secretary,
Detroit Fire & Marine Insurance Company...
REILLY, W. R., Assistant Secretary, Dubuque Fire &
Marine Insurance Company
REMAK, GUSTAVUS, JR., President, Insurance Com-
pany of the State of Pennsylvania.
RODGERS, JOHN J. P., Vice President and Treasurer
of Insurance Company of the State of Pennsylvania
SAFFORD, ROBERT D., Vice President and Assistant
Secretary of The Travelers Fire Insurance Company
SCHLESINGER, FRANK A., Treasurer of Springfield
Fire and Marine Insurance Company Group...
SHALLCROSS, CECIL F., United States Manager of
North British & Mercantile Insurance Company
Group
SIEDELL, C. A., Secretary, Stuyvesant Insurance Com-
pany
SMALLEY, FRANK M., President, Glens Falls Insur-
ance Company
SMART, J. D., President of the New Hampshire Fire
Insurance Company Group
SMITH, CHARLES H., Assistant General Agent Hartford
Fire Insurance Company and Citizens Insurance
Company; member of Subscribers Actuarial Committee
SMITH, CLYDE P., Secretary of the Hartford Fire
Insurance Company.
I 165, 204
II
INDEX II
SOMMERS, PAUL B., President, American Insurance
Company Group
SWALLOW, GEORGE W., Secretary-Treasurer 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
TAMBLYN, A. T., President of Lincoln Fire Insur-
ance Company (Chicago Fire & Marine and Presi-
dential Fire & Marine)...
TERRY, PAUL W., Manager of the Missouri a
Bureau saeiiconie
THOMAS, JOHN M., President of National Union Fire
Insurance Company....
TREGASKIS, OSWALD, United States Manager of Sun
Insurance Office, and President Patriotic Insurance
Company
VAN HORNE, JOHN R., aie Globe & Rutgers
Insurance Company
VREELAND, JOHN H., United States Manager 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., Secretary, Agricultural Insur-
ance Company.
WEIGEL, ROBERT C., Secretary and Comptroller of
the Rhode Island Insurance Company Group........ ie
WEISER, S. F., Secretary, Dubuque Fire and Marine
Insurance Company and National Reserve Insur-
ance Company.
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-
mittee
WYATT, HENRY J., Vice President of Crum &
Forster Group... aapaaiias Rie ee
XXXI
Vol. Page
8
Ill
Ill
II
Ill
II
II
American Insurance Company
Agricultural Insurance Company
Aetna Insurance Company
The Alliance Insurance Company
American Alliance Insurance
Company
American Central Insurance Com-
pany
American Eagle Fire Insurance
Company
American Union Insurance Com-
pany of New York
Atlas Assurance Company, Ltd.
Automobile Insurance Company
of Hartford, Connecticut
Bankers & Shippers Insurance
Company
Boston Insurance Company
British America Assurance Com-
pany
Caledonian Insurance Company
California Insurance Company
Camden Fire Insurance Associa-
tion
Central States Fire Insurance
Company
Chicago Fire and Marine Insur-
ance Company
Citizens Insurance Company
City of New York Insurance Com-
pany
Columbia Insurance Company
(New Jersey)
Columbia Fire Insurance Com-
pany
Inpex III
INDEX Ill
(Alphabetical Index of Plaintiff Insurance Companies.)
Name of Witness Vol. Page
Paul B. Sommers Il 131
H. F. Waterman II o4
W. R. McCain III 331
Sheldon Catlin II 271
III
F. W. Koeckert I
E. A. Henne I
Louis Moeckel II
W. K. Emes II
B. M. Culver IlI
J. H. Vreeland II
William H. Talcott III
Ronald R. Martin II
Joseph K. Hooker III
Laurens R. Bowden II
F. M. Dominick
I. Lloyd Greene
William R. Hedges II
III
Henry J. Wyatt II
J. L. Parsons III
Robert R. Clark II
F. W. Koeckert I
John F. Gilliams Ill
George C. Long, Jr. III
III
II
Henry P. Whitman
A. T. Tamblyn
Charles H. Smith I
R. M. Bissell II
Clyde P. Smith III
Wilfred Kurth I
T. J. Irvine II
Paul B. Sommers II
75
517
435
162
317
415
495
110
XXXIV
Commerce Insurance Company
Commercial Union Assurance
Company, Ltd.
Commercial Union Fire Insurance
Company
Concordia Fire Insurance Com-
pany of Milwaukee
Connecticut Fire Insurance Com-
pany
Continental Insurance Company
County Fire Insurance Company
of ‘Pniladelphia
Detroit Fire and Marine Insur-
ance Company
Dubuque Fire and Marine In-
surance Company
The Eagle Fire Company of New
York
le Star and British Dominions
ce 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
Inpex III
Name of Witness
Frank M. Smalley
F. W. Koeckert
F. W. Koeckert
Herbert A. Clark
John R. Cooney
George C. Long, Jr.
Henry P. Whitman
W. H. Emes
B. M. Culver
William H. Koop
Raymond Waldron
Charles A. Reekie
William H. Koop
S. F. Weiser
W. R. Reilly
Hart Darlington
Harry G. Casper
Walter D. Williams
Rom. BRE A
_
SS et et et
Invex III
Girard Fire and Marine Insur-
ance Company
Glens Falls Insurance Company
Globe and Rutgers Fire Insur-
ance Company
Granite State Fire Insurance
Company
Great American Insurance Com-
pany
Guaranty Fire Insurance Com-
pany of Providence
Hanover Fire Insurance Company
Hartford Fire Insurance Company
Home Fire & Marine Insurance
Company
Home Insurance Company
Hudson Insurance Company
Imperial Assurance Company
Importers and Exporters Insur-
ance Company
Insurance Company of North
America
Insurance Company of the State
of Pennsylvania
Law Union and Rock Insurance
Company, Ltd
Liverpool and London and Globe
Insurance Company, Ltd
London Assurance Corporation
London and Lancashire Insur-
ance Company, Ltd.
London and Provincial Marine
and General Insurance Com-
pany, Ltd.
London and Scottish Assurance
Corporation, Ltd.
Lumbermen’s Insurance Company
Manhattan Fire and Marine In-
surance Company
Massachusetts Fire and Marine
Insurance Company
Mechanics Insurance Company
of Philadelphia
Name of Witness
Herbert A. Clark
John R. Cooney
Frank M. Smalley
John R. Van Horne
Fred A. Hubbard
J. D. Smart
George W. Swallow
William H. Koop
Robert C. Weigel
Fred A. Hubbard
Charles H. Smith
R. M. Bissell
Clyde P. Smith
S. M. Buck
Wilfred Kurth
George S. Allen
T. J. Irvine
Herman L. Wilkins
John R. Barry
Sheldon Catlin
Gustavus Remak, Jr.
John J. P. Rodgers
Carsten Claussen
Gilbert Kingan
Harold T. Cartlidge
Harold Warner
Everett W. Nourse
F. A. Maasen
Carsten Claussen
Gilbert Kingan
Frank B. Martin
Robert P. Barbour
A. F. Powrie
O. E. Lane
Everett W. Nourse
F. A. Maasen
William H. Koop
Herbert A. Clark
John R. Cooney
XXXVI
Mechanics and Traders Insurance
Company
Merchants Insurance Company
Merchants Fire Assurance Cor-
poration of New York
Merchants Fire Insurance Com-
pany
Mercury Insurance Company
Michigan Fire and Marine In-
surance Company
Milwaukee Mechanics Insurance
Company
Minneapolis Fire and Marine In-
surance Company
National Ben Franklin Fire In-
surance Company
National Fire Insurance Com-
pany of Hartford
National Liberty Insurance Com-
pany of America
National Reserve Insurance Com-
pany
National Security Fire Insurance
Company
National Union Fire Insurance
Company
Newark Fire Insurance Company
New England Fire Insurance
Company
New Hampshire Fire Insurance
Company
New Jersey Insurance Company
New York Underwriters Insur-
ance Company
Niagara Fire Insurance Company
Northern Assurance Company,
Ltd.
Northern Insurance Company
North River Insurance Company
Northwestern Fire and Marine In-
surance Company
Inpex DI
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
H J. Wyatt
J. L. Parsons
R. M. Bissell
Clyde P. Smith
Bn dan.
Norwich Union Fire Insurance
Society, Ltd.
Old Colony Insurance Company
Orient Insurance Company
Pacific Fire Insurance Company
Palatine Insurance Company, Ltd.
Patriotic Insurance Company of
America
Philadelphia Fire and Marine In-
surance Company
Phoenix Assurance Company, Ltd.
Phoenix Insurance Company
Gee Stipulation, Vol. Ill, page 536,
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 Com of
New Haven sated
Sentinel Fire Insurance Cormpany
Springfield Fire Insurance Com-
pany of Connecticut
Standard Fire Insurance Company
of Connecticut
Invex III
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
E. W. Elwell
Harold T. Cartlidge
Harold Warner
A. F. Powrie
O. E. Lane
Robert C. Weigel
Harry Halpein
ow, P:
E. W. Elwell
Harold T. Cartlidge
Harold Warner
Carsten Claussen
Gilbert Kingan
J. C. McKown
C. A. Dosdall
J. H. Vreeland
William H. Talcott
Walter D. Williams
John C. Harding
Bernard E. Hobart
F. A. Schlesinger
John C. Harding
Bernard E. Hobart
F. A. Schlesinger
Joseph K. Hooker
XXXVI
Vol. Page
II
II 490, 510
II 503
II
517
317
18
75
XXXVIII
Standard Fire Insurance Com-
pany of New Jersey
ay Insurance Company of Amer-
ca
State Assurance Company, Ltd.
Stuyvesant Insurance Company
Sun Insurance Office, Ltd.
Superior Fire Insurance Com-
pany
Svea Fire and Life Insurance
Company
Tokio Marine and Fire Insurance
Company, L
Transcontinental Insurance Com-
pany
Travelers Fire Insurance Com-
pany
Twin City Fire Insurance Com-
pany
Underwriters Grain Association
Union Assurance Society, Ltd.
United Firemen
Company of or iladelphia
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
Ltd.
Insurance Company,
InvEx III
Name of Witness
J. F. Breen
Harold T. Cartlidge
Harold Warner
John Koenig
ef 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
e H. Bell
D. Layton
Esmond
Robert D. ord
R. M. Bissell
Clyde P. Smith
W. L. Lerch
F. W. Koeckert
Everett W. Nourse
F. W. Maasen
T. J. Irvine
Henry J. Wyatt
J. L. Parsons
Henry J. Wyatt
J. L. Parsons
F. Powrie
O. E. Lane
Henry J. Wyatt
J. L. Parsons
Henry J. Wyatt
J. L. Parsons
Ray B. Duboc
W. R. McCain
Frank B. Martin
on 8 See sed. de Bae send
INDEx IV
INDEX IV
Exhibits (Chronologically As to Dates Thereof)
1929-1930
Exhibit 304—Statements from Missouri Inspection
Bureau to Western Fire Insurance Company for
assessments for the years 1929 and 1930
SEPTEMBER 2, 1931
Exhibit 306—Letter from Missouri Inspection Bureau
to Western Fire Insurance — dated Sep-
tember 2, 1931
1933-1934
Exhibit 305—Statements from Missouri Inspection Bu-
reau to Western Fire Insurance Company for assess-
ments for the years 1933 and 1934 and premium report
to Missouri Inspection Bureau, dated March 21, 1933
FEBRUARY 8, 1935
Exhibit 16—Extract from Minutes of Meeting of Ac-
tuarial Committee, February 8, 1935
MARCH 12, 1935
Exhibit 307—Copy of letter from Hicks & Folonie, dated
March 12, 1935, to C. R. Street, Chairman
MARCH 19, 1935
Exhibit 17—Extract from Minutes of Meeting of Ac-
tuarial Committee, March 19, 1935...
APRIL 30, 1935
Exhibit 26—Extract from Minutes of Meeting of Ac-
tuarial Committee, April 30, 1935
MAY 1, 1935
Exhibit 205—List of companies in Federal Court cases
showing amounts impounded to May 1, 1935
Exhibit 283—Memorandum re Total Impounded Pre-
miums of Aetna Insurance Company group to May
1, 1935
MAY 2, 1935
Exhibit 5—Check of Continental Insurance Company,
payable to Chas. R. Street, Chairman, dated May 2,
1935, amount $15,000.00
Exhibit 94—Check of Home Insurance Company, dated
May 2, 1935, payable to Chas. R. Street, Chairman,
en saree.
Vol. Page
III 265-272
III 281-282
III 274-280
II 362-364
144
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 payable to C. 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 Union 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, showing
‘distribution of $5,000.00 among companies of Crum
& Forster Group
Exhibit 169—Carbon copy of check and office voucher of
Crum & Forster, dated May 2, 1935, payable to
Charles R. Street, Chairman, amount $5,000.00
Exhibit 326—Check requisition of Continental Insurance
Company, dated May 2, 1935, payable to Chas. R.
Street, Chairman, for $15,000.00
MAY 3, 1935
Exhibit 210—Letter from Mr. Clark to Mr. George C.
Long, dated May 3, 1935.
Exhibit 214—Check of Caledonian Insurance Company,
dated May 3, 1935, payable to Charles R. Street,
Chairman, amount $2,000.00
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
INDEX IV
Exhibit 221—Receipt of C. R. Street, Chairman, to
Scottish Union & National Insurance Company,
dated May 3, 1935
Exhibit 254—Check of The Travelers Fire Insurance
Company, dated May 3, 1935, amount $2,000.00, to
Charles R. Street, Chairman.
Exhibit 260—Letter from Mr. Safford to George C. Long,
dated May 3, 1935
Exhibit 262—Letter from Mr. Bissell to Mr. Long,
dated May 3, 1935.
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... cans
Exhibit 321—Check of penny ‘Senwenes Game,
payable to Charles R. Street, Chairman, amount $5,-
I I ses ievesiieab ences abtouenantitinsnas
MAY 4, 1935
Exhibit 261—Memorandum prepared by Alfred Stin-
son, dated May 4, 1935
Exhibit 265—Letter from Alfred Stinson to Mr. lone
dated May 4, 1935
Exhibit 266—Letter from Mr. Long to Mr. Street, dated
May 4, 1935
Exhibit 278a—Check of “Automobile Insurance Com
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 Snemvenes
Company, for check payable to C. R. Street, Chair-
man, for $3,500.00, dated May 4, 1935
Exhibit $82—Letter of transmittal from Alfred Stinson
to George C. Long, dated May 4, 1935
Exhibit 287—Page No. 39 from Journal of Automobile
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, manana
amount $5,000.00 :
INDEX IV
MAY 9, 1935
Exhibit 82—Check requisition of Great American In-
surance Company, dated May 9, 1935, payable to
R. J. Folonie, Attorney, amount $10,000.00.»
Exhibit 84—Check of Great American Insurance Com-
pany, dated May 9, 1935, payable to R. J. Folonie,
Attorney, amount $10,000.00
Exhibit 293—Page No. 14 from Cash Receipts book of
firm of Hicks & Folonie, entitled “Cash Receipts,”
dated May 9, 1935.
Exhibit 296—Statement from C. R. Street to Income
Tax representatives relative to $100,000.00
MAY 10, 1935
Exhibit 294—Page No. 14 from Cash Disbursements
book of firm of Hicks & Folonie, entitled “Cash Dis-
bursements,” dated May 10, 1935.
MAY 16, 1935
Exhibit 86—Telegram from C. R. Street to Mr. Koop,
dated May 16, 1935
Exhibit 87—Telegram from W. H. Koop to C. R. Street,
dated May 16, 1935.
Exhibit 88—Telegram from Mr. Koop to Street,
dated May 16, 1935
Exhibit 89—Memorandum from Mr. Erskine to Mr.
Koop, dated May 16, 1935.
Exhibit 91—Telegram from Mr. Erskine to Mr. Street,
dated May 16, 1935__..
Exhibit 217—Copy of telegram from Mr. Street to Mr.
Long, dated May 16, 1935.
Exhibit 267—Photostatic copy of telegram from Mr.
Street to Mr. Long, dated May 16, 1935.
Exhibit 268—Photostatic copy of telegram from H. P.
Whitman to C. R. Street, dated May 16, 1935_.........
Exhibit 269—Photostatic copy of telegram from C. R.
Street to George C. Long, dated May 16, 1935... x
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
INDEX IV
MAY 18, 1935
Exhibit 2—Memorandum Agreement (settlement agree-
z ment) dated May 18, 1935, between R. Emmet O’Malley
a and Charles R. .Street
MAY 23, 1935
Exhibit 93—Telegram from Mr. Street to Mr. Koop,
dated May 23, 1935.
4 MAY 27, 1935
“Exhibit 255—Memorandum from Robert D. Safford to
Auditor Flynn, dated May 27, 1936 ss
MAY, 1935
Exhibit 288—Sheet No. 46 from Journal of Automobile
Insurance Company, for month of May, 1935._.....
JUNE 12, 1935
Exhibit 115—Circular letter from Missouri Inspection
Bureau to agents, dated June 12, 1935...
JUNE, 1935
Exhibit 324—Memorandum for Journal Entry, dated
June, 1935, Royal Insurance Company...
JULY 9, 1935
Exhibit 18—Extract from Minutes of meeting of
Actuarial Committee, dated July 9, 1935.00.
. 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 enlace by Mr. Moeckel,
dated December 18, 1935
XLIII
Vol. Page
I 27
I 413
III 53
III 149
I 530
Ill 356
I 99
I 101
I 102
I 104
III 474-511
III 513-515
II 307
INDEX IV
DECEMBER 27, 1935
Exhibit 219—Letter from Mr. Bissell to A. G. Dugan,
dated December 27, 1935
MISCELLANEOUS YEAR 1935
Exhibit 207—Lisi of Trustees of Insurance Executives
Association in 1935
Exhibit 289—Page entitled “Legal Expense” Account
No. 97, for year 1935, Automobile Insurance Company
JANUARY 16, 1936
Exhibit 331—Copy of Certificate of Satisfaction of
Judgment, dated January 16, 1936
FEBRUARY 1, 1936
Exhibit 3—Decree dated February 1, 1936, entered in
each cause
FEBRUARY 4, 1936
Exhibit 105—Letter from Subscribers Actuarial Com-
mittee to companies, dated February 4, 1936
FEBRUARY 7, 1936
Exhibit 4—Declaration of Trust dated February 7, 1936,
executed by Charles R. Street and Robert J. Folonie
FEBRUARY 18, 1936
Exhibit 250—Letter from Mr. Rodgers to Subscribers
Actuarial Committee, dated February 18, 1936
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...
II 407
Ill 149
TIT 511-512
INDEX IV
MARCH 12, 1936
Exhibit 27—Copy of letter from Mr. Powrie to O. E.
Lane, dated March 12, 1936
MARCH 13, 1936
Exhibit 28—Voucher receipt to Fire Association of
Philadelphia by C. R. Street, Chairman, dated March
13, 1936 _
Exhibit 28a—Check of Fire Association of Philadelphia,
dated March 13, 1936, to C. R. Street, for $1,712.82.
Exhibit 29—Letter from Mr. Powrie to C. R. Street, trans-
mitting check for $1,712.82, dated March 13, 1936...
Exhibit 37—Letter to C. R. Street from C. A. Dosdall.
dated March 18, 1936. .........-___.....-
Exhibit 39—Cancelled check of St. Paul Fire & Marine
Insurance Company, dated March 13, 1936, payable
to C. R. Street and R. J. Folonie, Trustees, amount
$1,483.84
Exhibit 40—Cancelled check of Mercury Insurance Com-
pany, dated March 13, 1936, to C. R. Street and R. J.
Folonie, Trustees, amount $478.94
Exhibit 53—Memorandum from Mr. Clark to Miss Bircher
dated March 13, 1936
MARCH 17, 1936
Exhibit 10—Letter from C. R. Street to Walter D. Wil-
liams, dated March 17, 1936
Exhibit 11—Letter from C. R. Street to Walter D. Wil-
liams, dated March 17, 1936
Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated
March 17, 1936
MARCH 18, 1936
Exhibit 64—Check of Underwriters Grain Association,
dated March 18, 1936, payable to C. R. Street, Agent,
amount $2,070.98
MARCH 19, 1936
Exhibit 43—Check of Detroit Fire & Marine Insurance
Company, dated March 19, 1936, issued to C. R. Street,
Agent, amount $897.43
Exhibit 65—Letter from C. R. Street to W. L. Lerch,
dated March 19, 1936.
MARCH 20, 1936
Exhibit 140—Check of Glens Falls Insurance Company,
dated March 20, 1936, payable to C. R. Street, Agent,
for $2,877.38
XLVI INDEX 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 Insurance Company
to Mr. J. D. Erskine, dated March 20, 1936
Exhibit 187—Check requisition of National Union Fire
Insurance Company, dated March 20, 1936
MARCH 21, 1936
Exhibit 110—Check of Commercial Union Assurance
Company, dated March 21, 1936, issued to C. R. Street,
Agent, amount $8,281.67
Exhibit 114—Ledger account entitled “Legal Expenses”
Commercial Union Assurance Company, dated March
21, 1936
Exhibit 143—Check of Agricultural Insurance 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, payable to
C. R. Street, Agent, amount $6,419.41
Exhibit 179—Page from Cash Book of Phoenix As-
surance Company, dated March 21, 1936
Exhibit 180—Page from Cash Book of Phoenix As-
surance Company, opposite Exhibit 179_.
Exhibit 183—Page 177 of Cash Book a ‘eee
Company of the State of a dated March
21, 1936
Exhibit 199—Letter of Mr. Swan to Mr. Haid, “dated
March 21, 1936
Exhibit 200—Letter from Mr. ja to “4 dee,
dated March 21, 1936
Exhibit 226—Letter of Mr. Dominick to Mr. Hewett,
dated March 21, 1936
Exhibit 228—Letter from Mr. Dominick to Mr. Haid,
dated March 21, 1936
Exhibit 228a—Check of Boston Insurance Company,
dated March 21, 1936, to C. R. Street, Agent, amount
$6,097.15
InDEX IV
Exhibit 229—Memoranda prepared by Mr. Greene,
dated March 21, 1936
Exhibit 274—Check of New Hampshire Fire Insurance
Company to C. R. Street, Agent, amount $4,652.18,
dated March 21, 1936 Peet
Exhibit 275—Memorandum of telephone conversation
from Paul L. Haid to J. D. Smart, dated March 21,
|. aN
Exhibit 276—Letter from Mr. Suallow to Mr. Paul L.
Haid, dated March 21, 1936
Exhibit 327—Check of The Continental Insurance
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, _ amount
$22,323.12
MARCH 23, 1936
Exhibit 12—Check issued by Security Insurance Com-
pany, payable to C. R. Street, Agent, dated March
23, 1936, amount $2,960.75
Exhibit 13—Check issued by East and West Insurance
Company, dated March 23, 1936, payable to C. R.
Street, Agent, amount $1,302.56
Exhibit 15—Letter transmitting checks to Mr. C. R.
Street, dated March 23, 1936
Exhibit 70—Memorandum by Mr. Barbour, dated March
23, 1936
Exhibit 71—Check of Northern Assurance Company,
dated March 23, 1936, issued to C. R. Street, Agent,
amount $4,910.48
Exhibit 95—Check of Home Insurance Company Special
Account No. 3, dated March 23, 1936, payable to
C. R. Street, Agent, amount $28,682.14...
Exhibit 95a—Check of National Liberty Insurance Com-
pany of America, Special Account No. 3, payable to
C. R. Street, Agent, dated March 23, 1936, amount
$4,260.39
Exhibit 98—Order for check to C. R. Street, Agent,
dated March 23, 1936, amount $28,682.14...
Exhibit 100—Memorandum from Mr. Van Horne to
George C. Bowers, dated March 23, 1936... ae
Exhibit 101—Check of Globe & Rutgers ‘enwenee
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.
II
Ill
Ill
Ill
Ill
Ill
Ill
XLVII
Page
507
121
122
123
410
412
430
434
436
459
460
461
XLVIII InDEx IV
Exhibit 106—Memorandum as to fT —
Insurance Company Group, March 23, 1936...
Exhibit 107—Memorandum from Paul L. Haid ry 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... red
Exhibit 121—Check ‘Theos Fire ‘ieouenes Comme,
dated March 23, 1936, payable to R. J. Folonie, Agent,
for $4,116.48
Exhibit 122—Letter from Vice President of Renew Fire
Insurance Company to C. R. Street, Trustee, dated
March 23, 1936
Exhibit 123—Letter from Mr. Coffill to Mr. Neleen, dated
March 23, 1936
Exhibit 136—Check requisition, Patriotic Summenee
Company, to R. J. Folonie, Agent, dated March 23,
1936, amount $249.31
Exhibit 137—Check of Patriotic Insurance Cumens,
dated March 23, 1936, payable to R. J. Folonie, Agent,
amount $249.31
Exhibit 138—Check requisition by Sun Insurance Office,
payable to R. J. Folonie, Agent, dated March 23,
1936, amount $3,591.06
Exhibit 139—Check of Stuyvesant Insurance Company,
dated March 23, 1936, payable to C. R. Street, amount
$1,171.41
Exhibit 144—Letter from C. R. Street to Mr. Waterman,
dated March 23, 1936
Exhibit 154—Check of Royal Exchange Acmenee
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, er for
| UL ae
Exhibit 175—Check €é ‘Whesnin. Amen Cue,
Ltd., of London, dated March 23, 1936, to C. R.
Street, Agent, for $5,226.18... PRS EO al
Exhibit 176—Memorandum showing proration of pay-
ment borne by each member of the group...
Exhibit 177—Memorandum prepared by Mr, ‘vine.
dated March 23, 1936...
Exhibit 178—Letter of Mr, - Cunningham 1 * Mr. - Erskine,
dated March 23, 1936. a
InpEx IV
Exhibit 186—Check of National Union Fire Insurance
Company, dated March 23, 1936, payable to Charles
R. Street, Agent, for $4,019.00..............
Exhibit 189—Letter from Mr. Thomas to Mr. Street
dated March 23, 1936. ;
Exhibit 193—Check vequicition of Norwich ‘Caten ‘Fire
Insurance Society, dated March 23, 1936
Exhibit 194—Check of Norwich Union Fire Insur-
ance Society, dated March 23, 1936, to C. R. Street,
Agent, for $2,201,.37.......................
Exhibit 195—Check requisition of Eagle Fire Company
of New York, dated March 23, 1936
Exhibit 196—Check of Eagle Fire Insurance Company,
dated March 23, 1936, payable to C. R. Street, Agent,
amount $896.60
Exhibit 236—Letter from Treasurer to Paul L. Haid,
dated March 23, 1936
Exhibit 239—Check of Springfield Fire & Marine Insur-
ance Company, dated March 23, 1936, to C. R. Street,
Agent, for $15,821.52
Exhibit 272—Requisition of Camden Fire Insurance Com-
pany, dated March 23, 1936, to C. R. Street, Agent,
for $2,301.59...
Exhibit 273—Check of Camden Fire Insurance Company,
dated March 23, 1936, to C. R. Street, Agent, for
$2,301.59
Exhibit 300—Check of Sun Insurance Office, dated March
23, 1936, payable to R. J. Folonie, Agent, for $3,691.06
Exhibit 322—Check of Aetna Insurance Company, dated
March 23, 1936, to C. R. Street, Agent, amount $6,991.95
Exhibit 323—Memorandum prepared by G. H. Grant,
Exhibit 325—Check of Royal Insurance Company, Ltd.,
dated March 23, 1936, daca to C. R. Street, Agent,
amount $12,200.40. =
MAR ation, Vol. TI, page 836,
Exhibit 44—Memorandum by Mr. S. F. Weiser, dated
March 24, 1936... cle
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....
L Inpex IV
Exhibit 238—Same as Exhibit 63. .
Exhibit 66—Check of London & Lancashire Insur-
ance Company, dated March 24, 1936, payable to C. R.
Street, Agent, for $3,752.55
Exhibit 67—Check of Orient Insurance Company, dated
March 24, 1936, payable to C. R. Street, Agent, for
$3,506.24
Exhibit 68—Check of Safeguard Insurance 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 Assurance
Corporation, dated March 24, 1936, payable to Northern
Assurance Company, Ltd., amount $673.33_.................
Exhibit 76—Check of Standard Fire Insurance Company,
dated March 24, 1936, payable to C. R. Street, Agent,
amount $2,891.02
Exhibit 78—Page 116 of Cash Book of Standard Fire In-
surance Company of New Jersey, dated March 24,
1936
Exhibit 83—Check requisition, Great American Insur-
ance Company, issued to C. R. Street, ~ dated
March 24, 1936, amount $5,997.00 ..
Exhibit 117—Check of Potomac insurance ‘(Compeny,
dated March 24, 1936, payable to C. R. Street, Agent,
for $2,450.74
Exhibit 118—Photostatic copy of Memorandum from files
of Potomac Insurance Company, dated March 24,
1936
Exhibit 119—Requisition for check, Potomac Insurance
Company, dated March 24, 1936, to C. R. Street, Agent,
amount $2,450.74
Exhibit 120—Letter from Mr. Barry to Mr. Schoen, dated
March 24, 1936... a
Exhibit 147—Check of Pacific Fire ‘Insurance ‘Company,
dated March 24, 1936, to R. J. Folonie, — amount
Cf |. sx-_e
Exhibit 148—Check of ‘Bankers & Shippers feomvenee
Company, dated March 24, 1936, to R. J. pone
Agent, amount $2,060.97... .
Exhibit 149—Check of aw ‘Jeuey ‘feswenee Com-
pany, dated March 24, 1936, ee * to R. J. ee
' Agent, amount $1,402.27. ..... . id
Inpex IV
Exhibit 150—Check Requisition of Pacific Fire Insurance
Company, to R. J. Folonie, dated March 24, 1936.......
Exhibit 152—Request for check of New Jersey Insurance
Company, dated March 24, 1936
Exhibit 153—Journal page of Pacific Fire Insurance Com-
pany, entitled “Missouri Impound Custodian,” dated
March 24, 1936..
Exhibit 157—Check of Eagle Star & British Dominions
Insurance Company, dated March 24, 1936, to C. R
Street, Agent, amount $1,028.57.
Exhibit 158—Voucher of Eagle Star & British Dominions
Insurance Company, dated March 24, 1936....................
Exhibit 159—Page 252 from Cash Book of Eagle Star
& British Dominions Insurance — dated
March 24, 1936... ce
Exhibit 173—Requisition of Yorkshire ‘Tnsurence ‘Com-
pany, dated March 24, 1936, to C. R. Street, Agent,
| a
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
America, dated March 24, 1936, to C. R. Street,
Agent, amount $8,903.39
Exhibit 19la—Check of The Alliance Insurance Com-
pany of Philadelphia, dated March 24, 1936, to C. R.
Street, Agent, amount $1,077.43
Exhibit 191b—Check of National Security Fire Insur-
ance Company, dated March 24, 1936, payable to
C. R. Street, Agent, for $552.19
Exhibit 191c—Check of Philadelphia Fire & Marine 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 group....................
Exhibit 251—Memorandum of March 24, 1936, The In-
surance Company of the State of Pennsylvania........
Vol.
II
II
II
Page
112
114
194
521
LI InDEx IV
Exhibit 253—Check of Hartford Fire Insurance Com-
pany, dated March 24, 1936, payable to C. R. Street,
Agent, amount $25,285.99__
Exhibit 258—Memoranda, dated March 24, 1936, for
Mr. Ewing.
Exhibit 278—Check of Automobile Insurance Company,
payabie to C. R. Street, Agent, dated March 24, 1936,
amount $3,158.48
Exhibit 278b—Endorsement on check of Automobile In-
surance Company, Exhibit 278___.
Exhibit 280—Check requisition of Automobile Insur-
ance Company, to C. R. Street, Agent, dated March
24, 1936, amount $3,158.48
Exhibit 281—Voucher No. 221 for check payable to C.
R. Street, Agent, for $3,158.48, dated March 24, 1936,
Automobile Insurance Company of Hartford
Exhibit 284—Inter-office communication dated March 24,
1936, from Mr. Hooker to Mr. Alfred Stinson
Exhibit 285—Copy of letter from Mr. Hooker to Mr. Haid,
dated March 24, 1936
Exhibit 290—Page No. 23 from Journal of Automobile
Insurance Company, dated March 24, 1936
Exhibit 297—Check of Pacific Fire Insurance Company,
dated March 24, 1936, payable to R. J. Folonie, Agent,
for $1,602.17_.
Exhibit 298—Check of Bankers & Shippers Insurance
Company, dated March 24, 1936, payable to R. J.
Folonie, Agent, amount $2,060.97
Exhibit 299—Check of New Jersey Insurance Company,
dated March 24, 1936, payable to R. J. Folonie, Agent,
for $1,402.27
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 Reserve Seswpanes Com-
pany, dated March 25, 1936, initial to C. R. Street,
Agent, amount $676.06__
Exhibit 55—Check of Conecstia Fire ieneeeen Cm
pany, dated March 25, 1936, payable to C. R. Street,
Agent, amount $2,858.24...»
Exhibit 56—Check of Pisunen’s ineenee ‘Comme,
dated March 25, 1936, payable to C. R. Street, —
amount $6,162.33. eons
Exhibit 57—Check of Girard Fire and Marine instr
ance Company, dated March 25, 1936, issued to C. R.
Street, Agent, amount $1,820.25 Be
InDEx IV
Exhibit 58—Check of Mechanics Insurance Company of
Philadelphia, dated March 25, 1936, payable to C. R.
Street, Agent, amount $387.17
Exhibit 59—Check of Milwaukee Mechanics’ Insurance
Company, dated March 25, 1936, payable to C. R.
Street, Agent, amount $3,387.72.
Exhibit 60—Check of National-Ben Franklin Fire iow
ance Company, dated March 25, 1936, —— to C. R.
Street, Agent, amount $1,359.93...
Exhibit 61—Check of Superior Fire Siemenee ‘Compune,
dated March 25, 1936, payable to C. R. Street, Agent,
amount $1,015.21
Exhibit 73—Memorandum by Mr. Brady, dated March
25, 1936
Fxhibit 74—Check of Merchants Fire Assurance Cor-
poration, dated March 25, 1936, venisnie to C. R. Street,
Agent, amount $3,012.99... a
Exhibit 75—Page 125 of the ‘Genel Cab ik a
Merchants Fire Assurance Corporation, dated March
25, 1936
Exhibit 85—Check of Great Aenuten Insurance Com-
pany, dated March 25, 1936, payable to C. R. Street,
Agent, amount $5,997.00...
Exhibit 124—Letter from Mr. Nelson to Mr. Coffill, dated
March 25, 1936
Exhibit 151—Memorandum of Receipt of New Jersey In-
surance Company, dated March 25, 1936
Exhibit 155—Page from disbursement records of Royal
Exchange Assurance, dated March 25, 1936
Exhibit 156—Check of Importers & Exporters Insur-
ance Company, dated March 25, 1936, payable to C. R.
Street, Agent, for amount $2,482.25...
Exhibit 172—Check of Tokio Marine & Fire Insurance
Company, dated March 25, 1936, to C. R. Street, Agent,
for $1,792.86
Exhibit 227—Receipt of C. R. Street to Old sami In-
surance Company, dated March 25, 1936
Exhibit 227a—Receipt of C. R. Street to Boston Insur-
ance Company, dated March 25, 1936
Exhibit 254a—Check of The Travelers Fire Insurance
Company, dated March 25, 1936, to C. R. Street,
Agent, amount $6,738.21.
Exhibit 257—Memorandum from Mr. Safford to Mr.
Flynn, dated March 25, 1936
Exhibit 259—Letter from Mr. oe | to Mr. Erskine,
dated March 25, 1936. , oa
InpEx 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.
Vol. Page
I
Ill
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297
Inpex IV
MARCH 31, 1936
Exhibit 36—Disbursement Voucher of Mercury In-
surance Company, dated March 31, 1936, and pencil
memorandum from C. R. Street
Exhibit 4la—Check of Mercury Insurance Company,
dated March 31, 1936, to C. R. Street, Agent, for
$1,330.35 -........
Exhibit 41b—Check of St. Paul Fire & Marine Insur-
ance Company, dated March 31, 1936, payable to
C. R. Street, Agent, for $4,121.75
Exhibit 146—Letter of Charles R. Street to Royal Ex-
change Assurance, dated March 31, 1936
Exhibit 181—Page from General Ledger entitled “Ac-
count Missouri Impounded Premium Adj. Acc’t”
Phoenix Assurance, dated March 31, 1936_.................
Exhibit 240—Receipt from C. R. Street, Agent, to Mr.
Bulkley, dated March 31, 1936
Exhibit 242—Check of Merchants Insurance Company of
Providence, dated March 31, 1936, to C. R. Street,
Agent, amount $1,010.90...
Exhibit 247—Letter from Collection Manager to Mr.
Street, dated March 31, 1936
MARCH, 1936
Exhibit 113—Page 249 from Cash Book for month of
March, 1936, Commercial Union Assurance Company...
Exhibit 125—Page 313 of the Agency Remittances for
month of March, 1936, for Hanover Fire Insurance
Company ..........-
Exhibit 126—Page poe Ager Remittances for month
of March, 1936, for Hanover Fire Insurance Company
Exhibit 127—Page from Cash Book of Hanover Fire
Insurance Company for month of March, 1936...
Exhibit 128—Page from General Cash Book, Western
Department, Hanover Fire Insurance Company, month
I i aitecatecimecknnntnabeciniaemitineseniomintueesanwinemnnomiosenece
Exihbit 129—Page from General Cash Book, Western
Department, Hanover Fire Insurance Company, month
of March, 1936
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 Company, month
of March, 1936
Exhibit 135—Monthly Report, Western Department,
Hanover Fire Insurance ieavetacsttnddl month of March,
1936 .....
15
15
15
15
15
15
15
LVI InDEX IV
’ Vol. Page
Exhibit 163—Check requisition of Columbia Fire In-
surance Company, month of March, 1936.00.00... II 143
Exhibit 291—Sheet No. 27 from Journal of Automobile
Insurance Company, month of March, 1936... III 149
APRIL 1, 1936
Exhibit 41—Letter from C. A. Dosdall to C. R. Street,
dated April 1, 1936 I 184
Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated
April 1, 1936. II 325
‘Exhibit 310—Copy of letter from Mr. Gardner to Mr.
Street, dated April 1, 1936 III 302
APRIL 2, 1936
Exhibit 42—Letter from C. R. Street to C. A. Dosdall,
dated April 2, 1936 I 185
Exhibit 165—Check of Svea Fire & Life Insurance
Company, dated April 2, 1936, to C. R. Street, Agent,
amount $647.91 II 159
Exhibit 166—Check of Hudson Insurance Company,
dated April 2, 1936, to C. R. Street, Agent, for $615.66 II 160
Exhibit 317—Copy of letter from Mr. Jessup to Mr.
Street, dated April 2, 1986. i III 308
APRIL 4, 1936 TIT, page 536,
Exhibit 311—Copy of letter from C. R. Street to Mr.
Jessup, dated April 4, 1936 ~~ 303
Exhibit 312—Copy of letter from Mr. Street to Mr.
Gardner, dated April 4, 1936 III 304
APRIL 6, 1936
Exhibit 313—Copy of letter from Mr. Jessup to Mr.
Gardner, dated April 6, 1936 III 305
APRIL 8, 1936
Exhibit 22—Extract from Minutes of Meeting of Ac-
tuarial Committee, dated April 8, 1936 I 105
Exhibit 308—Check of Merchants Fire Insurance Com-
pany, dated April 8, 1936, to C. R. Street, Agent,
amount $669.40 III 300
Exhibit 309—Remittance Advice, dated April 8, 1936, to
C. R. Street, Agent, amount $669.40 III 301
Exhibit 314—Copy of letter from Mr. Gardner to Mr.
Jessup, dated April 8, 1936 III 306
APRIL 9, 1936
“Exhibit 315—Copy of letter from Mr. Jessup to Mr.
Gardner, dated April 9, 1936 HI 307
InpDEx IV
APRIL 13, 1936
Exhibit 231—Receipt from Mr. Street to Mr. Dominick,
dated April 13, 1936 a
APRIL 15, 1936
Exhibit 197—Check of Lincoln Fire Insurance Com-
pany, dated April 15, 1936, to C. R. — Agent,
for $694.52.........
APRIL 16, 1936
Exhibit 6—Letter from Mr. Culver, President, Con-
tinental Insurance Company, to Mr. vcncatadl Vice
President, dated April 16, 1936... WK Ries
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. jenn dated
April 20, 1936...
APRIL 27, 1936
Exhibit 30—Letter from Charles R. Street to Mr.
A. F. Powrie, dated April 27, 1936...............-....--.....-.
APRIL 29, 1936
Exhibit 31—Letter from Mr. Powrie to C. R. Street,
dated April 29, 1936, transmitting check, for $5,425.59
Exhibit 3la—Check of Fire Association of Philadelphia,
dated April 29, 1936, to C. R. Street, amount $2,929.90
Exhibit 3l1b—Check of Lumbermen’s Insurance Com-
pany, dated April 29, 1936, to C. R. Street, amount
eae
Exhibit 3lc—Check of The Reliance Insurance Com-
pany, dated April 29, 1936, to C. R. Street, for $794.78
Exhibit 31d—Check of The Reliance Insurance Com-
pany, dated April 29, 1936, to C. R. Street, for $479.69
APRIL, 1936
Exhibit 302—Check of The Western Fire Insurance
Company, dated April, 1936, payable to C. R. Street,
Agent, for $1,693.63
JUNE 4, 1936
Exhibit 230—Letter fresa Mr. Dominick to Mr. Street,
dated June 4, 1936 a demi
II
II
II
Ill
Ill
III
Il
Ill
512
301
51
131
125
425
510
INDEX IV
JUNE 5, 1936
Exhibit 23—Extract from Minutes of ymedacndl Ac-
tuarial Committee, dated June 5, 1936.... cn
JUNE 8, 1936
Exhibit 232—Letter from Mr, Street to Mr. Dominick,
dated June 8, 1936... sivas :
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... ee
JULY 10, 1936
Exhibit 225a—Carbon copy of letter from Claussen,
Manager, to General Manager, London & Lancashire
Insurance Company, dated July 10, 1936.0...
JULY 24, 1936
Exhibit 225c—Memorandum letter from Home Office
of London & Lancashire Insurance Company Manager,
Chicago, dated July 24, 1936
SEPTEMBER 25, 1936
Exhibit 8—Memorandum of C. R. Street, addressed to
the Governing Committee, dated September 25, 1936...
OCTOBER 23, 1936
Exhibit 24—Extract from Minutes of 8 of Ac-
tuarial Committee, “ated October 23, 1936... eh
OCTOBER 29, 1936
Exhibit 9—Inter-Office communication between Bert
R. Jones, Assistant Auditor, and William H. Emes,
Auditor, dated October 29, 1936
NOVEMBER 9, 1936
Exhibit 14—Letter from C. R. Street to Mr. Powrie,
dated November 9, 1936...
Exhibit 32—Letter from C. R. Street to A. F. Powrie,
dated November 9, 1936 (original of Exhibit 14)...
NOVEMBER 19, 1936
Exhibit 211—Carbon copy of letter from chief ac-
countant, Caledonian Insurance Company to Mr.
Street, dated November 19, 1936. Be
II
InDEx IV
NOVEMBER 23, 1936
Exhibit 212—Letter of Mr. Street to Mr. Clark, dated
November 23, 1936.. weit
NOVEMBER 25, 1936
Exhibit 213—Letter from Mr. Clark to Mr. Street,
dated November 25, 1936...
Exhibit 215—Check of Caledonian Insurance eye
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
Exhibit 292—Shceet 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 —
dated September 21, 1937
Exhibit 224a—Report of Internal Revenue Agent en-
closed with Exhibit 224 ideas
DECEMBER 28, 1937
Exhibit 301—Letter from C. R. Street to Mr. Folonie,
dated December 28, 1937
JULY 15, 1938
Exhibit 286—Letter from Mr. Linde to Mr. ann dated
July 15, 1938... nl. SR ‘
FEBRUARY 24, 1939
Exhibit 329—Report of Robert J. Folonie, Surviving
Trustee, and Ernest A. Henne, Successor Trustee,
lated February 24, 1939
MARCH 20, 1939
Exhibit 185—Circular letter of Insurance Executives
Association, dated March 20, 1939.0...
Lx 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...
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
Exhibit 81—Ledger page entitled “Legal Expenses”
Standard Fire Insurance Company Years 1936-1938...
Exhibit 133—Page from Ledger of Hanover Fire In-
surance Company, entitled “Home Office” Years 1936,
1937 and 1938.
Vol. Page
III 523-531
I 330
530
531
Ir 21
Ill 22
III 133
III 309
III 317
III 535
I 9
I 392
InpEx IV
Exhibit 134—Page from Ledger of Hanover Fire Insur-
ance Company, entitled “Legal Expenses,” Years
1935-36 :
Exhibit 204—Extract from Articles of Association of
Insurance Executives Association, showing purposes
Exhibit 206—List of companies arranged as to groups,
showing 11% payment total impounded premiums
and 5% of impounded premiums.............................
Exhibit 209—List of companies in Missouri Rate Case in
Federal Court not affiliated with Insurance Executives
0
Exhibit 320—List of plaintiff companies showing number
of each case and group affiliations
Exhibit 333—List of plaintiffs not parties to motion for
restitution in Aetna vs. Hyde and not parties to the
judgment of restitution
Exhibit 334—List of companies that were parties plain-
tiff in Aetna vs. Hyde, but were not parties plaintiff
in any of the Federal Court cases ........
LXI
Vol. Page
II 15
II 360
II 366-370
Il 408
III 327-331
III 515-516
III 516-517
Ropert C. WEIGEL—DIRECT 1
ROBERT C. WEIGEL, being produced, sworn and ex-
amined as a witners on behalf of the defendants, tes-
tified as follows:
Direct Examination by Mr. Holman.
Q.1. State your mame, please. <A. Robert C.
Weigel.
Q.2. Mr. Weigel, what position did you hold with
the Rhode Island Insurance Company in the year 1935?
A. Secretary and comptroller.
Q.3. Did you hold that same position in 1936? A.
That is right.
Q.4. And did you hold that same position with the
Guaranty Fire Insurance Company and the Merchants
Insurance Company during those two years? A. I did
with the Merchants Insurance Company of Providence.
The Guaranty Fire Insurance Company was merged with
the Merchants in 1932.
Q.5. As an official of the Merchants Insurance
Company at that time you had to do with the affairs of
the Guaranty Fire Insurance Company? A. That is
right, automatically.
Q.6. Were you familiar with the Missouri rate liti-
gation that began about 1930? A. That is right.
Q.7. I am speaking of the federal court cases. A.
That is right.
Q.8. You knew that the litigation on behalf of your
company and the other companies was being handled by
Mr. Street of the Subscribers’ Actuarial Bureau? A. As
Chairman of that bureau.
Q.9. And you made no objection to that? A. None.
Q.10. I will ask you whether or not you heard in
1935 or learned in some manner that this rate litigation
had been settled or that a settlement agreement had been
entered into. A. Sometime in the latter part of 1935.
Q.11. And in 1936, February, 1936, did you receive
a letter from the Subscribers’ Actuarial Committee ad-
vising of the approval of this settlement? A. I did.
Q.12. By the federal court, and that letter, I be-
a set out the terms of the settlement? A. That is
right.
Q.13. And you are, therefore, familiar with those
terms? A. That is right.
Q.14. Briefly they were that the companies would
immediately receive 50 per cent, the policyholders would
immediately receive 20 per cent, and that 30 per cent
2 Rosert C. WEIGEL—DIRECT
would be turned over to Mr. Street and Mr. Folonie as
trustees out of which to pay all expenses in connection
with the litigation? A. That is right.
Q.15. And I presume it followed that if all of it was
not used for expenses, the balance of that 30 per cent
would be prorated back to the company? A. We never
had any indication of how great those expenses might be.
Q.16. But you understood that that money in no
event would go to the policyholders? A. Yes, sir.
Q.17. Therefore, if it was not used for expenses, it
would come back to the company? A. We expected it to.
Q.18. In fact, the settlement had previously been
referred to as the 80-20 settlement. A. That is right.
Q.19. Meaning that 80 per cent was to go to the
companies? A. That is right.
Q.20. Now, when you learned of this settlement you
made no objection to it on behalf of your company? A.
None whatsoever.
Q.21. You were satisfied with what the committee
and its agent— A. (Interrupting) Very glad to have it
settled.
Q.22. That is fine.
(Photostatic copy of check, handed to the reporter,
was marked for identification as “Defendants’ Exhibit
241, EFM.”’)
Q.23. I will hand you Defendants’ Exhibit 241 and
ask you to identify that exhibit. A. That is our check.
= Your check payable to C. R. Street, Agent?
A. es.
Q.25. That is the check of the Rhode Island Insur-
ance Company? A. That is right.
Q.26. Now, will you tell me how that check hap-
pened to be drawn? A. A telephone call came in the
afternoon to the attention of Mr. J. B. White, vice-presi-
dent. I happened to be the disbursing officer of our com-
panies, and that telephone call in turn was turned over
tome. Mr. Erskine in Mr. Haid’s office was on the other
end of it. He asked us to send a check + way 5 peir
cent of the refunded amounts payable to Mr. C. R. Street,
Agent, and forward it on to the Insurance Executives’ |
Association office, which we did. At the time we in-:
quired as to the reason for the check we were told it wa:
to expedite the forwarding of the refund check to us rep-;
resenting the 11 per cent refund that we anticipated re-:
ceiving, and we were told that this represen the ex:-
Rosert C. WEIGEL—DIRECT 3
penses, which were referred to as legal expenses at the
time. I wouldn’t swear to that.
Q.27. But you were told that that was to expedite
the forwarding of the 11 per cent so-called dividend
checks? A. That is right.
(Instruments, handed to the reporter, were marked
for identification as ““Defendants’ Exhibits 242, 243, 244,
245, 246 and 247, EFM.”)
Q.28. I wish to call your attention to Defendants’
Exhibit 244, and ask you to read that and after reading it,
state whether or not that 11 per cent check was received
the same day that the 5 per cent check was issued? A.
The 11 per cent check was received the same day that
the 5 per cent check was issued by us.
Q.29. Then the 11 per cent check had no doubt been
prepared and signed by the trustees before you were ever
contacted? A. That is right; we took about 48 hours
to draw that check.
Q.30. Then what did you mean by your statement
that you understood it was to expedite the payment of the
11 per cent dividend? In other words, was it a matter
where they were saying, “We won’t pay you the 11 per
cent unless you pay 5 per cent”? A. We got no such
impression out of that. The only reason our check didn’t
precede the date that they received their check was be-
cause our office didn’t work fast enough to get it out the
same day we got the telephone call.
Q.31. Did you tell Mr. Erskine that you would re-
ceive the checks? A. We told him we would send the
check. We didn’t say the same day and we weren’t asked
to send it the same day. We were simply asked to send it,
which we did, but we happened to receive their check the
same day that we sent ours. In the case of one com-
pany—
Mr. Holman: I wish to offer in evidence Defend-
ants’ Exhibits 241, 242, 243, 244, 245, 246 and 247.
(Which said Defendants’ Exhibits 241, 242, 243, 244,
245, 246 and 247, so offered in evidence, having been pre-
viously duly marked, are in words and figures as
follows: )
eeee e000
o .
Rl ers
*que3y *ye0e19S5 °H °D
{ 865. uli
>
‘1 °U ‘BONZAIAOUd ve-2S
ANWdWOD LSNUYL IWINLSNGNI
>. OL
cw? 7
ytor man *4RT0 "ALOR M92.
queda fyaen3g °" °D
ey
For: Mr. J. B. White: 7] ps a Thom Aan
Pee . ‘ a etme S - A.
dha S
# a: 6) Tena 6 15S ‘
Rhoce Islend Ins. Co. 5,825.77 52,961 555” .
Guerenty Fire Ins. Co. 658.76 6,464.5 5,606.86 “58,768.43 2,938.42
Two checks herewith. Plense send here one check for $2,938.42 peyeble
to C. R. Street, Agent. -ere> *
2648-8
2for
March 26,1936
ir, Co Re Street, Agent
c/o Insurance Executives Association
116 John Street
New York, N.Y.
sar Sirs ATTENTION: Mr. Erskine
We wish to acknowledge receipt of your checks in payment
f 11% of impounded premiums of the Rhode Island in the amount
f $5,825+77 and of the Guaranty Fire in the amount of $638.76.
As requested, we are attaching Rhode Island check in the
nount of $2938.2 payable to C. R. Street, Agent which represents
4 of the impounded premiums for the Rhode Island and the Guaranty
ire.
Yours very truly
Secret ary
wared 26,1986
a. C. R. Stree
, *d> a Asece tation
216 Jobe Street
Bow Yours, B.Y,
Yours Wery truly
seoretary
3
F
we
9
Great American a, 2
vice
STERN cons EnT 6
——— Insuraury
= ompany
—_— New Pork _——
CHICAGO March 28, 1936.
, Robert Co Weigel, Secretary,
Merchants Insurance Company,
Providence, R. I.
ar Sirs
Your letter of the 26th, addressed to me in care of the Insurance
ecutives Association -
Check for the Merchants was drawn at the same time as those for the
de Island and Guaranty, but it just so happens there were three companies
d all three were laid aside with the
» the List by the name of "verchants" an
tention of check
Since you say $2,223.98 is what is due you, 4t is easy to see who
ould have Check No. 215 for that amoun
heck either here or care of the Executives As-
basis as you have paid for the Rhode Island.
ing up a little further to see which one was which.
t, and it is herewith enclosed.
You can send me your c
pefation, your check on the same
Thanking you for your attention, I remain
Yours very truly,
a
March 31, 1936
Mr. C. R. Street, Agent
c/o Insurance Executives Association
116 John Street
New York City, N. Ye
Dear Sir:
Vie acknowledge receipt of check for $2,223.98 in
payment of 11% of the Missouri Refunds of the first Bracket,
Our check in the amount of $1,010.90 payable to Mr. C. R. Strest,
Agent is attached which represents 5% of the net premiums.
Yours very truly,
FWB/DT Collection Manager
Mer.
Rosert C. WEIGEL—DIRECT 11
Q.32. Now, I wish to call your attention to De-
fendants’ Exhibit 242 and ask you if that is the same
kind of a check only for the Merchants Insurance Com-
pany? A. That is right.
Q.33. One of your group. I wish to call your at-
tention to Defendants’ Exhibit 243, and ask you to state
what that is. A. That is a memorandum that was at-
tached to the check indicating the makeup of that par-
ticular check and a request that we send one check pay-
able to C. R. Street, Agent, for $2,938.42.
Q.34. That memorandum accompanied the checks
from Mr. Haid’s office? A. That is right.
Q.35. That was not prepared in your office? A. No.
Q.36. Now, at that time you received no check for
the Merchants? A. And we wrote to Mr. Street.
_Q.37. That was your letter of March 25th, Defend-
ants’ Exhibit 245? A. That is right.
Q.38. And Mr. Street in his letter, Defendants’ Ex-
hibit 246, explained why that had not been sent, and
sent the check? A. That is right. There were three
other companies with similar names and he couldn’t tell
which check was ours and which belonged to the others.
Q.39. And on March 3lst, the agent of the Mer-
chants connected with this group of companies sent him
the 5 per cent check for that company? A. Yes.
Q.40. Now, state again, if you will, what your un-
derstanding was as to what this money was being col-
lected for at the time it was requested by Mr. Erskine?
A. Legal expenses connected with the distribution of
that portion of the 30 per cent which was being returned
to the companies.
Q.41. Do you mean that you interpreted that to be
legal expenses for the work of returning this 11 per
cent? A. Legal expenses in connection with that liti-
gation, that is right. .
" @.42. Oh, I see, the whole litigation? A. That is
right, all part of the general expenses.
- .Q.43. All right. That was in March, 1936? A.
That is right. co
Q.44. You testified that you knew in February, 1936,
that 30 per cent had been turned over to the trustees for
the purpose of paying expenses. Didn’t it seem unusual
or strange.to you that they would give you a dividend
out of this money and then ask for a check back payable
A Mr. Street as agent rather than trustee? A. Not at
12 Rosert C. WEIGEL—DrIrREcT
Q.45. Just explain why it did not. A. Well, Mr.
Street was chairman of the Subscribers’ Actuarial Com-
mittee and there was no reason in the world why we
should question his word. His reputation was very good.
highly satisfactory. The entire litigation was rather in-
volved and complicated and at times rather confusing.
Q.46. But you understood, did you not, that Mr.
Street and Mr. Folonie as trustees had the money to
pay these expenses, or had the right to pay these ex-
penses out of that 30 per cent, didn’t you? A. We were
made aware of that fact, but I rather doubt we stopped
to consider it that far.
Q.47. Didn’t it occur to you that there must be some
reason why they wanted to get this money out of their
account as trustee and get it over into another account so
they wouldn’t have to account to the Court for the use of
it? A. That is not usual.
Q.48. I say, didn’t that occur to you? A. No.
Q.49. Do you mean to tell me that this transaction
did not seem at all unusual to you? A. Not at the time.
Q.50. Does it now? A. In the light of the testi-
mony I heard today, I would say it would.
Q.51. You have been here in the room for some-
time? A. Practically all day.
Q.52. Isn’t it your custom in paying out money to
find out definitely what the payment is for? A. Ab-
solutely.
Q.53. And you were satisfied with the statement
merely that this was for legal expense? A. I wouldn't
put it that way. We were never satisfied that the en-
tire accounting had been completed, and we are not satis-
fied today that it has been entirely completed.
Q.54. All right. This was in March, 1936. Mr.
Street died February 1, 1938, almost two years later.
Did you or anyone else connected with your company
ever ask Mr. Street for an accounting of that money?
A. We never considered Mr. Street as any particular rep-
resentative of ours. We considered the Subscribers’ Ac-
tuarial Committee as our representative.
Q.55. Did you or anyone else connected with your
company? A. We never questioned Mr. Street.
Q.56. And you never questioned the Subscribers’
Actuarial Bureau or Committee, did you? A. Not in
connection with that 5 per cent check.
Q.57. And almost two years had gone by? A. Yes.
Rosert C. WEIGEL—CROSS 13
Q.58. Did you ever think about what happened
with that money? Did it ever occur to you to e any
uiry? A. We hoped some day to get an accounting
which would explain to us in detail what the total ex-
penditures are in connection with that 30 per cent refund
and what our prorata proportion of it is.
Q.59. Did you or anyone else in your company that
you know of ever attend any meeting in New York, Hart-
ford or any other place in which this Missouri litigation
was discussed? A. Absolutely not.
Q.60. Have you told here everything that you know
about this Missouri litigation, particularly that portion
leading up to the settlement and that part of the affair
relating to the collection of this money after the settle-
ment? A. I have positively, yes.
Q.61. Is there anyone else connected with your com-
pany that would likely know any more about it than you do
or anything in addition? A. I don’t believe so.
Q.62. At that time was Mr. Byron S. Watson the
president of your company? A. Byron S. Watson, yes.
Q.63. Did he have anything to do with this Mis-
souri litigation, that you know of? A. He turned all of
those matters over to me.
Q.64. I believe this memorandum was directed to
Mr. Jesse B. White. Did you go over this matter and
discuss that with him when he came back? A. The
reason for that is that Mr. Watson was away from the of-
fice on a business trip.
Q.65. You mean Mr. Watson or Mr. White? A. Mr.
Watson, so the telephone call, instead of being addressed
to Mr. Watson, was addressed to Mr. White.
Q.66. He is vice-president? A. Executive vice-
president and he in turn transferred the telephone call to
me.
Q.67. Why did he do that? A. Because I
was handling the Missouri impounded refund account,
and it happens to be my particular activity in the com-
pany.
- Q.68. In other words, his lack of knowledge regard-
ing the matter caused him to refer it to you? A. That
is right. He just told the switchboard operator to trans-
fer the call to my phone.
. Mr. Holman: That is all.
Cross Examination by Mr. Bullitt.
>is. 2@,69. Did you or anybody in the Rhode Island
Company, so far as you know, ever ask Mr. Street at any
14 JOHN R. Cooney—DIrectT
time to do anything for them in connection with your
Missouri rate litigation? A. I can say positively no.
XQ.70. Did you or any other officer of your com-
pany, as far as you know, ever authorize Mr. Street to
pay or know that Mr. Street may have paid any money
or bribery or any money to induce anybody else, either
official or otherwise, to agree to this compromise settle-
ment of May, 1935, and February 1, 1936? A. We did not.
Mr. Bullitt: That is all.
(Witness excused. )
JOHN R. COONEY, being produced, sworn and examined
be a witness on behalf of the defendants, testified as
ollows:
Direct Examination by Senator Hollingsworth.
Q.1. State your name, please. A. John R. Cooney.
Q.2. Where do you live, Mr. Cooney? A. Newark,
New Jersey.
Q.3. What is your connection with the Firemen’s
Insurance Company group? A. President.
Q.4. I think it is already in evidence from the Chi-
cago witnesses as to what companies constituted this
group. However, I will redictate it, the Concordia, the
Firemen’s, the Girard Fire and Marine Insurance Com-
pany, Mechanics, Milwaukee Mechanics, National Ben
Franklin, the Superior, Pittsburgh Underwriters? A.
Correct, sir.
Q.5. They were all involved in the Missouri rate
litigation in the federal courts? A. They were.
Mr. Berger: By way of explanation, the Pittsburgh
Underwriters did not have any separate case. They had
a separate impoundment similar to the Underwriters
Grain Association like we had in Chicago.
The Special Master: The Western Underwriters is not
an insurance company.
A. May I explain, the Underwriters Agency is not
a corporation?
e Special Master: That is what I thought. It has
re oe agency, but it does not carry the risk, is that the
idea?
A. Yes, sir.
Mr. Berger: It hasn’t any separate case. It had a
separate impounding because the companies for which it
wrote policies all didn’t have cases, and there was a sep-
arate impoundment so that is why there was a separate
Joun R. Coonsy—DIReEcT 15
restitution check made to them, even though they were
not 4 i plaintiff in any case.
Q.6. (By Senator Hollingsworth) Your connection
with these companies in 1935 and 1936 was what? A.
President.
Q.7. I believe you had a Western Department? A.
Yes, sir.
Q.8. Who was the head of that Western Depart-
ment? A. Herbert A. Clark, as vice-president.
Q.9. Was any part of the Missouri litigation, rate
litigation handled out of the home office? A. None, to
my knowledge, except the accounting, the home office
accounting. -
The Special Master: Except the home office what?
A. Accounting.
Q.10. (By Senator Hollingsworth) Were all of the
matters in connection with the Missouri rate litigation
handled through the Western Department? A. They
were.
Q.11. And then as the accountings for each month
came in, any disbursements or receipts would be shown
on that? A. The totals.
Q.12. In totals? A. Yes, sir.
Q.13. Did any person ever transact with you any
business in connection with the Missouri rate litigation?
A. Previous to this difficulty, no, sir.
Q.14. That is, previous to this year, 1939? A.
Yes, sir.
Q.15. And who contacted you then in 1939? A.
Mr. Clark.
Q.16. What was the occasion of Mr. Clark getting
in touch with you? A. I will answer the question a
different way. I contacted Mr. Clark.
Q.17. To find out what it was about? A. Yes, sir.
Q.18. Did you talk to Mr. Clark concerning the mat-
ter? A. I did om numerous occasions.
Q.19. What did he tell you? A. Well, I attempted
to find out from him what all he knew about the set-
tlement.
Q.20. What did he say? A. Well, just about what
he testified before you in Chicago.
Q.21. How do you know, have you seen his _ tes-
timony? A. A portion of it, yes, sir.
Mr. Berger: I think he means the newspaper account.
16 Joun R. Cooney—D1rect
Q.22. (By Senator me sworth) Where did you
get the information? A. I believe it appeared in one
of the local papers or he PR... me a note.
Q.23. And he told you what it was? A. I don’t
know that he went into all of the detail of the testimony.
Q.24. Well, can you state what he said? A. No.
The Special Master: Mr. Hollingsworth, on what
theory is this competent?
Senator Hollingsworth: Well, Mr. Clark is the man
who handled it, and any statement made at any time
by Mr, Clark would throw a lot of—
A. (Interrupting) I think he has given it to you.
. The Special Master: I don’t understand on what
theory—
Senator Hollingsworth (Interrupting): In the na-
ture of admission.
ag al Master: As to what he knew about it?
a As to what he testified wouldn’t be
er: Are you putting on this witness to im-
peach Mr. Clark’s testimony?
Senator Hollingsworth: No, I am not trying to im-
peach him, as an admission against the company.
The Special Master: Are you offering it as an admis-
sion on the theory that as to this matter he was the
managing officer of the company?
Senator Hollingsworth: He was the managing offi-
cer of this litigation.
The Special Master: I will let it in.
Q.25. (By Senator Hollingsworth) What did Mr.
Clark tell you? A. Well, what do you want me to tell
you what he told me? Do you suppose that I can recall
at this late date our personal conversation with all of
the other work that I have to do?
Q.26. I am asking you if you can.
I think the form of the question is
The Special Master: It is, but just the same, if the
witness can answer, why, that is sufficient. If the wit-
ness says he can’t, that is the end of it.
A. Well, I will do the best I can for you. Is that
all right?
. Berger: That is all you can do.
The Special Master: More than satisfactory.
A. I asked Mr. Clark if he had any personal knowl-
edge of what became of that 5 per cent that was paid
Joun R. Coonty—Dr1Rect 17
to Mr. Street as agent or the check was so designated,
and he told me, no, he did not.
Q.27. (By Senator Hollingsworth) Did Mr. Clark
tell you that he helped to assemble the checks for Mr.
Street? A. No, sir.
Q.28. Was Mr. Clark a member of the Actuarial
Committee? A. As I recall it, he was.
Q.29. Did he tell you that the Actuarial Committee
had any knowledge concerning these checks?
Mr. Berger: I object to the form of that question.
rd can ask him what he told, but asking what he didn’t
The Special Master: No, no, he asked him did he
tell him that.
A. Will you repeat your question?
Senator Hollingsworth: Read it.
(Question read.)
A. I don’t know as I asked him that s ic ques-
tion, but it is certain that the members of the Actuarial
Committee knew that these checks were being received.
Mr. Clark, being a member of it, he must have known it.
The Special Master: You are reasoning now.
A. No, I am positive. I know that our company
gave checks, and Mr. Clark signed the checks, to the best
of my knowledge, so he, Mr. Clark, must have known it.
The Special Master: What you say may be -
fectly logical, but he is trying to ask you what Mr. Clark
told you about it. Do you get what I mean?
A. No, sir, I am sorry.
The Special Master: I know that that is difficult to
comprehend, but he is now trying to find out the sub-
stance of the conversation that Mr. Clark had with you.
Do you see the point?
A. Yes, sir. Could I attempt to elaborate a little?
The Special Master: He is not asking you what
must have happened, but he is trying to find out what
Mr. Clark said to you when he talked to you about the
matter.
A. Well, our conversation and my questions of Mr.
Clark, of course, were after this matter became knowl-
edge, public knowledge. Therefore, I wouldn’t question
him as to the details of the accumulation of these checks.
What I was personally interested in was knowing how
much Mr. Clark knew.
18 GILBERT KINGAN—DIRECT
Q.30. (By Senator Hollingsworth) What did Mr.
Clark tell? A. Just as I tell you, that he knew nothing
of the distribution of this so-called 5 per cent.
Senator Hollingsworth: I think that is all.
Mr. Berger: We have no questions.
(Witness excused.)
GILBERT KINGAN, being produced, sworn and examined
as a witness on behalf of the defendants, testified
as follows:
Direct Examination by Senator Hollingsworth.
Q.1. State your name, please. A. Gilbert Kingan.
Q.2. Mr. Kingan, what is your connection with the
London & Lancashire group? A. I am the manager of
the Eastern Department and the attorney of the company
for the United States, president of the Orient Insurance
Company and president of the Safeguard Insurance Com-
pany, and United States Manager of the Law Union and
Q.3. Do you have any control whatever over the
Western Department? A. No control whatever, unless
anything of very serious nature arose there, then I would
be able to step in. For instance, on the death of the
manager I would be deputed to investigate and report
to London.
Q.4. When did you first hear of any discussion in
regard to the settlement of the Missouri rate cases? A.
In May, 1935.
Q.5. Did you attend a meeting here in Hartford?
A. I did.
Q.6. Who called that meeting? A. I really can’t
say offhand. It is not unusual in Hartford that in mat-
ters of mutual interest, for the one we look upon as the
senior president to invite us to a meeting place.
Q.7. Did you have any advance knowledge of what
the meeting was to be? A. If I had I wouldn’t have
known, not being interested in Missouri.
Q.8. But you went to the meeting? A. I went to
the meeting.
Q.9. Who was present at that meeting? A. I recol-
lect Mr. Bissell, I think Mr. Milligan of the Phoenix and
Mr. Long, Mr. Vreeland, Mr. Clark, I think Mr. Safford
was there, and I rather think Ewing was away, Mr. Stin-
son of the Automobile and Mr. Ross McCain of the Aetna.
The meeting was held in the Aetna board room.
GILBERT KINGAN—DIRECT 19
Q.10. Did you name Mr. Layton? A. No, I wouldn’t
say definitely that Colonel Layton was there. I rather
think he wasn’t.
Q.11. Can you think of anyone else besides, of
course, Mr. Street? A. Mr. Street was there, and I am
not too sure that Mr. McCain wasn’t supported by Mr.
Sloan. He may have been, but I wouldn’t swear to it.
Q.12. And Mr. Sloan is also with the Aetna?
A. Yes, he is vice-president.
Q.13. Now, did Mr. Street address the meeting
there? A. Yes, Mr. Street did address the meeting.
Q.14. Will you tell us as fully as you can the state-
ments made by Mr. Street? A. I am afraid I can’t give
you any statement in detail because I wasn’t acquainted
with the Missouri case in any way at all. The only thing
I knew of it as affecting our companies was the fact each
year it was necessary to carry a reserve in our various
‘annual statements, all the details being furnished along
with other annual statement data by Mr. Claussen, our
Chicago manager. I do recollect quite, I will say, a long
statement of the difficulties that the companies had been
faced with, which naturally, not being acquainted with
the case, I didn’t follow in detail, and ultimately the
statement that certain expenses had been incurred, and
as a preliminary to meeting those expenses, companies
were invited to make contributions to meet initial ex-
penses, none at that time, as I understood it, having been
id.
Q.15. Did you make any memorandum of what oc-
curred at the meeting? A. No; Mr. Street requested a
contribution from me and I told him that Missouri was
absolutely outside of my jurisdiction, that if he required
a check it would be necessary for him to obtain it from
Mr. Claussen. I inquired of him whether he would like
me to write Mr. Claussen or whether he would see him
when he got back to Chicago. He said he would see him,
so I didn’t even write to Mr. Claussen.
Q.16. You never wrote to any person in connection
with it at all? A. No.
Q.17. Never undertook to fix any of the details in
your mind? A. No necessity for it, inasmuch as Mr.
Street had definitely stated to me that on his return to
Chicago he would explain the position to Mr. Claussen.
Q.18. What was your understanding about the
money being returned if the compromise was not
effected? A. The question never arose in my mind for
20 GILBERT KINGAN—DIrREcT
the simple reason it was my understanding that it was
quite an expensive case and no expenses at that time had
been paid. It was simply a case of collecting in a quick
way something to meet a portion of the expenses which
naturally arise out of a long lawsuit.
Q.19. Well, he was talking about a compromise of
the case, was he not? A. That is my recollection.
Q.20. Did he undertake to state what effeorts he had
made or what negotiations he had had? A. Not that I
can remember.
Q.21. So you simply remember the general trend of
it? A. The general trend.
Q.22. And not the details? A. If details had been
mentioned, I couldn’t have understood them, not being
acquainted, as I said before, with the details of the case.
Senator Hollingsworth: I think that is all.
Mr. Berger: We have no questions.
The Special Master: The principal thing that im-
pressed you was that so far as your company was con-
cerned, he had taken it up with the wrong man?
A. That is right.
(Witness excused.)
(Instruments, handed to the reporter, were marked
for identification as ‘Defendants’ Exhibits 248, 249, 250,
251 and 252, EFM.’’)
Judge Henson: Mr. Berger, I have caused the
stenographer to mark Defendants’ Exhibits 248 and 249,
the letters of transmittal, 250, 251 and 252.
Mr. Berger: This letter explains the item there.
Judge Henson: And I understand that Mr. Rodgers
went home and found these exhibits and wanted to add
them to his testimony, and it is very agreeable to us.
We would like to introduce them. I now offer in evi-
dence these exhibits.
Mr. Berger: In connection with the testimony of
Mr. John J. P. Rodgers, with the Insurance Company
of the State of Pennsylvania, which was taken in New
York on August 3rd.
Judge Henson: Yes.
(Which said Defendants’ Exhibits 248, 249, 250, 251
and 252, so offered in evidence, having been previously
duly marked, are in words and figures as follows: )
DEFENDANTS’ Exursit 248 21
“DEFENDANTS’ EXHIBIT 248.
Incorporated 1794
The Insurance Company
of the
State of Pennsylvania
308-310 Walnut Street
Philadelphia
August 4, 1939.
Mr. Paul L. Haid,
116 John Street,
New York, N. Y.
Dear Mr. Haid:
Re: Missouri Investigation.
During my examination yesterday I was asked about
the letters I wrote dated February 18th and 19th referred
to in letter from Hicks and Folonie dated February 24,
1936. I do not know whether the questions put to me
were intended as a test of my willingness to produce
these letters or a request. The same condition obtains
as to the questions asked about the original memorandum
from which the check was drawn and- referred to as a
voucher by the examining counsel.
I have examined our file and find all of these papers
and in order that they may be available if wanted, 1 am
sending photostatic copies of them to you herewith. Will
you please inquire whether they are wanted for the
record and, if so, deliver them? The enclosures are:
Photostatic copies of two letters addressed to the
Subscribers Actuarial Committee and dated February
18th and 19th, 1936.
Photostatic copy of the memorandum made for our
cashier from which the check was made and the transac-
tion recorded in the cash book.
This latter item was evidently torn from my calendar
pad and you will note shows at the bottom the month and
day corresponding to the date of our check.
Thank you for your attention to this.
Very truly yours,
Jno. J. P. Rodgers
Vice President
JJPR/MS”
22 DEFENDANTS’ Exuisit 249
“DEFENDANTS’ EXHIBIT 249.
Incorporated 1794
The Insurance Company
of the
State of Pennsylvania
308-310 Walnut Street
Philadelphia
August 4, 1939.
Mr. Paul L. Haid,
116 John Street,
New York, N. Y.
Dear Mr. Haid:
Receipt of the phoiostatic copy of the voucher item
reveals additional words which were not on the original.
The photostatic copy was made outside our office.
The clerk handling it wrote the words “3-of each—State
of Penna.”’.
I thought it was better to let these words stand
rather than erase them and have new copies made.
Very truly yours,
Jno. J. P. Rodgers
Vice President.
JJPR-MX”’
Vebrusry 18, 1936.
Sudscribers ‘ctueriel Committee,
222 test ‘dete 3treet,.
Chiergo, Illinois.
Gentlemen:
RE: Missouri "ete Cese -
We have received from Custodian Keaper $16,500. per
velue Federel Frro Mortgege Corjzorstion bonds, on sccount
of our money which he has impounded. It, however, is less
than the 50% which we expected to get in accordence with your
letter of Februery 4th. Fifty ee cent of the premiuszs for
the period June 1, 1930 to ‘April 30, 1935 ie $16,766.87.
Before calling this to Mr. Keuper's ettention, we thought
it better to communierte with you end find out whether we mey
expect « remittance of the belenee rether then reise the ques-
tion with Mr. Keaper. Ye would eleo like to know whether
these bonds oyycesess @ payment on any other besis then the
per velue of $16,500. or sose other eum like the cost when
they were purchased.
Will @ statement be prepered showing the sums due each
compeny ond the peynente msde te eeckh whieh would show how
each eccount hes been credited?
whet prompts this letter ie the etion whieh erises
ae to the besis of cost for these bonds which should be set
up in our dooks.
Very truly yours,
O/
4
v
s77R/uS ») %D ky — Viee President.
Povrutry 19, 1966.
Sudecribders Actuerial Comittee,
P22 Yeet Adens Street,
Chicego, fllinois.
Gent 1 emea :
RE 8 oe
Ye received todey @ esrton copy of the letter Custodian
Keaper sent to our Renk here in reference to the chipment of
pm Be worth of bonds on which hes been typed
ng:
*"Bonée are to be chergeé to you et Market
value reflected by closing quotetion on the Hew
York Stock Exchange et the close of business os
the lest business Gey preceeding the date of car
ordering the shipment. Please eévise whether or
not the following figures ere cerrect:
Prineipel $16,500.00 Premiua $495.00
Price 103 Acerueé Interest 217.48
W. T. Keuper, Custedion.”
Thie will anewer our question es to the besis upes whieh
our eecount will’ be credited end also the besie of cost fer
bookkeeping purposes about whieh we wrote you yesterdey.
Very truly yours °
Xx
JIPR/MS Viee President.
| Dz gp
26 Esmonp Ew1nc—Drrect
The Special Master: We will adjourn until nine
o’clock tomorrow morning.
Whereupon, the further taking of testimony in said
case was adjourned until nine o’clock a. m. of Tuesday,
August 8, 1939.
Morninc Session, Tuespay, Aucusr 8, 1939.
Pursuant to adjournment as aforesaid, at nine o’clock
a. m. of said Tuesday, August 8, 1939, came again the
same parties, present and presiding as before, and the
taking of testimony continued as follows:
ESMOND EWING, being produced, sworn and examined
A, witness on behalf of the defendants, testified as
ollows:
Direct Examination by Senator Hollingsworth.
Q.1. State your name, please. A. Esmond Ewing.
Q.2. Mr. Ewing, what is your connection with The
Travelers Fire Insurance Company? A. I am the vice-
president and secretary of the company.
Q.3. And was that your position in the years of
1935 and i936? A. It was.
Q.4. Did you have anything to do with the matters
in connection with the compromise of this litigation in
1935 and 1936? A. No, I did not, except that I am
responsible for the actions of the officers of my company.
The Special Master: We don’t care anything about
responsibility. We want to know facts. We want to
know things that you did.
Q.5. (By Senator Hollingsworth) Who handled that
matter? A. Mr. Safford, who is vice-president and as-
sistant secretary of the company.
Q.6. Did he consult with you about it? A. If you
have reference to the meeting which was held in Hart-
ford, is that to what you refer, sir?
Q.7. Yes. A. I was out of town when that meeting
was held. Mr. Safford attended the meeting and upon
my return to town he acquainted me briefly with what
had taken place.
Q.8. What did Mr. Safford tell you had occurred
at the meeting of some Hartford insurance men here in
May of 1935 in connection with this settlement? A. My
recollection is that Mr. Safford told me that Mr. Street
in Chicago had come to Hartford in order that he might
see all of the executives at one time. There had been
EsmMonD EwInc—DIRECT 27
called a meeting; who called it, I don’t know. Mr. Safford
attended and Mr. Street informed them, my recollection
is, that it was possible for him to compromise the case
in some way and he needed some money for attorneys’
fees.
The Special Master: You are now talking about—
Mr. Bullitt: (Interrupting) What Mr. Safford told
A. This is what Mr. Safford told me, is my recol-
lection, but I am not very clear.
Q.9. (By Senator Hollingsworth) He didn’t under-
take to give you the details of the conversation? A. No.
Q.10. Had you heard anything about the compromise
prior to the time Mr. Safford reported to you? A. No.
Q.11. You had never heard it discussed in any way?
A. No, sir.
Q.12. Didn’t know that any negotiations were going
on? A. No, sir.
Q.13. Did Mr. Safford go into detail with you as to
the nature of this expenditure of $100,000.00? A. No,
sir, I didn’t even know it was $100,000.00.
Q.14. Just knew that some money was raised? A.
Yes, sir.
Q.15. What did he tell you about the money not
being used if the compromise was not made? A. I don’t
recall that that was discussed, sir.
Q.16. You have no recollection one way or the other
about it, is that true? A. That is true.
Q.17. Have you given us as far as you remember
the report that Mr. Safford made to you? A. As to that
meeting?
Q.18. As to that meeting? A. That was the gist
of it, yes, sir.
Q.19. Now, did you ever afterwards discuss this
with Mr. Safford? A. Yes, I did, because the next year
I did, because—shall I tell you about that?
Q.20. Yes. First tell me the occasion. A. The
occasion, I was in my office late one afternoon and I
received a long distance telephone message from Mr.
Erskine, who is the secretary of the Insurance Execu-
tives’ Association.
Q.21. Can you fix the time on that? A. It was in
March, 1936, while we were having a flood here, I re-
member that.
Q.22. That was the time you were called upon, |
presume, for assessment of 5 per cent? A. He advised
Esmonp Ew1nc—Drrect
me that they were — the next day a check for 11
per cent of our im premiums, and he gave me
the figures, what the check would be, and then he said
that he wanted a check for 5 per cent made payable to
C. R. Street, Agent. I made a memorandum of that
conversation. It was after my secretary had left for the
day. I turned it over to the accountant to check the
figures to see if they were correct. He reported they
were correct and the next day when I saw Mr. Safford,
I turned the matter over to him to receive his attention.
Q.23. What did Mr. Erskine tell you that the 5 per
cent was for? A. I have no definite recollection of my
telephonic conversation with Mr. Erskine at all. As a
matter of fact, I didn’t even remember that I had such
a conversation with Mr. Erskine until Mr. Safford ad-
vised me on Sunday that I had.
Q.24. Did you refresh your recollection from a
memorandum or strictly from Mr. Safford? A. Yes, Mr.
Safford has the pencil memorandum that I wrote him.
Q.25. You furnished, I believe, some files or photo-
static copies of some files for Mr. Milligan of Kansas
City in connection with this matter? A. Yes, sir.
Q.26. I don’t find that memorandum in here. A. I
can explain why it is not there, sir.
Q.27. All right, if you will do that. A. At the
time that we received the request for this data from
Mr. Milligan, Mr. Safford was in San Francisco, and
I undertook to accumulate the data in conjunction with
our auditor who had issued the checks and received
the moneys, all under the instructions of Mr. Safford,
and I went to Mr. Safford’s office and searched for his
file and I found a file and it was from that and the data
from that that I sent to Mr. Milligan, but it appears
that this pencil memorandum that I had written Mr.
Safford was in a portion of his desk where I had no
access to and I didn’t find it, but he has it and is pre-
pared to present it to you if wish it.
Q.28. Now, that memorandum doesn’t reflect any-
thing as to what the money was to be used for? A. I
believe not, sir.
Q.29. You have personal recollection as to what
Mr. Erskine told you about the purpose of the money?
A. I have no definite recollection. I have an assump-
tion in my own mind, but I have no definite recollec-
tion, no, sir.
Esmond Ew1nc—DIrectT 29
Q.30. You knew that that 11 per cent check that you
were to receive came out of a 30 per cent fund, do you
not? A. Well, I knew it came from the impounded
premiums.
Q.31. But you were not familiar with the fact that
30 per cent had been allocated for the payment of ex-
penses? A. Well, I was familiar with that at the time
that it was published, what the distribution of the sum
was going to be. It was 50, 30 and 20.
Q.32. You recall that the federal court decree was
entered in February of 1936, do you? A. I am not
definite as to the date, no, sir.
Q.33. Then a circular letter came to the Actuarial
Committee in which the terms of the settlement and
decree were set out fully. Do you recall that? A.
Well, I must have read it. Mr. Safford must have
shown it to me, but I have no definite recollection of
it, no, sir.
Q.34. Then in abcut a month, it was in March,
I think, of 1936 that you issued your check to Mr.
Erskine? A. That is when I had this conversation,
yes.
Q.35. Now, at that time don’t you recall that you
were familiar with the fact that 30 per cent had been
allocated for the payment of expenses? A. Well, no,
I am not. I must have known it, but I have no definite
recollection of it
Q.36. Why was it when Mr. Erskine called on you
for this money you didn’t ask him the details of what
it was for? A. I don’t know, except that the matter
was turned over to Mr. Safford and he was handling it
and my assumption must have been that Mr. ord
was thoroughly familiar with it.
Q.37. Did you discuss with Mr. Safford the reason
for the assessment of 5 per cent? A. I don’t recall
that I did, sir.
Q.38. You have no recollection at all about that?
A. None at all. I have no recollection that I had the
telephonic conversation with Mr. Erskine.
Q.39. And I assume that Mr. Safford can more
adequately identify these various files than you can?
A. He can, yes, sir.
Q.40. Have you given us your full knowledge con-
cerning this transaction? A. I have, yes.
Senator Hollingsworth: That is all.
E. Ewrnc, Cross—C. P. Smitrn, Direct
Cross Examination by Mr. Bullitt.
XQ.41. Did you have anything to do with the Mis-
souri rate litigation before this compromise matter came
up? A. None.
XQ.42. You weren't handling it? A. No, Mr.
Safford, prior to reorganization of the official staff of
our company, was manager of our Western Department,
and this subject being in the State of Missouri, was a
part of the western business and he gave it his personal
attention.
XQ.43. Who is your representative out of Chicago
of the Western Department? A. We have no Western
Department in Chicago. We handle it from the home
office and Mr. Saff is in charge of it.
The Special Master: You have a Western Depart-
ment but you handle it here, is that it?
A. For the sake of convenience we divide the
United States and Canada up into regions, and we have
what we call the West, and Mr. Safford is in charge of
it.
XQ.44. (By Mr. Bullitt) It is all run from the
home office? A. Absolutely, yes, sir.
XQ.45. Did you or anybody in The Travelers Fire
Insurance Company so far as you know ever authorize
Mr. Street to or know that Mr. Street had paid out any
money for bribery or in order to influence the action of
any person, official or otherwise in procuring this com-
promise of Missouri rate litigation? A. Certainly not,
sir
’ Mr. Bullitt: That is all.
(Witness excused.)
CLYDE P. SMITH, being produced, sworn and examined
as a witness on behalf of the defendants, testified
as follows:
Direct Examination by Mr. Holman.
Q.1. Mr. Smith, what is your official relationship
with the Hartford Fire Insurance Company? A. I am
secretary of the Hartford Fire Insurance Company.
Q.2. As secretary of the Hartford Fire Insurance
Company just tell us what, if anything, you had to do
with the settlement of the Missouri rate case or the col-
lection of the money thereafter in relation to the case.
A. In March, 1936, I sent a check to Mr. Haid for some
$25,000.00. That is all I had to do with the case.
Crype P. SmitH—D1rect 31
Q.3. How did you happen to come to send that
check? A. Mr. Haid telephoned.
Q.4. Just relate the conversation over the phone
with Mr. Haid. A. Mr. Haid telephoned me and told
me there was a check to be sent to us for the return
of expenses on this compromise, and he asked—
Q.5. ntti Oa Did he tell you how much
the check would be? A. He told me how much the
check was and I can’t recollect exactly now, some
$50,000.00.
Q.6. Do you remember it was 11 per cent of your
impounded funds? A. I don’t remember that he said
11 per cent. I remember that he did tell the amount
and requested this other check to be sent.
Q.7. All right, go ahead. A. And which was sent.
I don’t remember much of anything more about the
conversation because I knew Mr. Haid personally, don’t
you know, so that I just simply—I don’t remember.
Q.8. Did you testify that he asked you to send him
a check for some amount of money? A. Yes, it was a
check to be payable to C. R. Street, Agent.
Q.9. And for what amount? A. Twenty-five thou-
sand dollars.
Q.10. Do you remember the percentage of your im-
pounded premiums that that was? A. I didn’t know
the percentage of the impounded premiums at that
time.
Q.11. He just told you a designated amount of
money? A. An amount of money that he wanted.
Q.12. What did he tell you that money was for?
A. I don’t remember that. I assumed it was for addi-
tional expenses of the committee.
Q.13. You didn’t know and he didn’t tell you? A.
No.
Q.14. Now, you had been familiar with the fact
that this case had been settled in 1935, and that the
federal court had approved the settlement in 1936,
February Ist, had you not? A. I don’t know that I
was familiar with all of that, but I knew the case had
been settled because we had received bonds from the
custodian.
Q.15. For 50 per cent of the impounded premium?
A. Approximately.
Q.16. You knew the general terms of the settle-
ment? A. I presume I did.
32 Ciype P. SmitrH—D1rect
Q.17. You knew that policyholders were to get 20
per cent? A. I understood that, yes.
Q.18. And that 50 would be paid immediately to
the companies, that 30 per cent would be turned over
to trustees for the payment of expenses? A. I didn’t
know whom it was to be turned over to.
Q.19. But you knew it was allocated for the pay-
ment of expenses? A. I presume I did, yes.
Q.20. Now, didn’t it occur to you as unusual or
strange that they would be asking for additional moneys
to pay expenses when they had money for that pur-
pose? A. No, it did not, because we have so many
committees’ things which call for additional expenses,
I didn’t even think of that part of it, the 30 per cent.
Q.21. You knew that this money you were getting
was out of this 30 per cent, did you not, that you had
gotten your 50 per cent? A. Yes.
Q.22. And you knew the policyholders were go-
ing to get 20 per cent? A. I presumed it was a part of
it, yes.
Q.23. And you knew that that money had been
allocated for the payment of expenses? A. I think
probably I did, yes.
Q.24. Then why didn’t you ask him for what rea-
son he wanted this additional money when you knew
that he had or that the trustees had money to pay
these expenses? A. I assumed that there would be a
statement and accounting of the whole thing and that
we would get—
Q.25. (Interrupting) Did he tell you there would
be a statement or accounting? A. I think he did say
there would be a later accounting. It is customary in
cases of that kind, don’t you know.
Q.26. Well, is it customary to pay this money out
just because someone asks you for it without knowing
what it is for or trying to find out what it is for? A.
Why, in a case of that kind, in a committee case, yes.
Q.27. Mr. Street didn’t contact you about the
money, did he? A. No.
Q.28. Mr. Haid had no connection with the fire in-
surance rate litigation, did he? A. Mr. Haid was presi-
dent of the Executives’ Association and I assumed that
he was handling the thing for the whole committee.
_Q.29. But you knew that the Insurance Executives’
Association was not handling this litigation, didn’t you?
CLypE P. Sm1TH—DIRECT 33
Who was handling it? Well, answer that question. A.
I didn’t even think of it, to tell you the truth.
Q.30. Well, who was handling the litigation for the
companies? A. I didn’t know that.
Q.31. You didn’t know? A. No.
Q.32. In other words, you didn’t know whether
Mr. Haid was in his rightful authority in asking for
this money or not? A. 1 didn’t even think of it, didn’t
even think of it.
Q.33. You didn’t make your check payable to him?
A. No, I did not. I made it payable to what I supposed
was the committee.
Q.34. Well, you made it payable to C. R. Street,
Agent? A. Yes, Street, Agent.
Q.35. Is he the committee or was he the commit-
tee? A. I suppose so, yes.
Q.36. What committee? A. The committee that
was handling the thing, the—what is it, Securities—
Q.37. (Interrupting) Subscribers’ Actuarial Com-
mittee? A. The Actuarial Committee, I suppose.
Q.38. Didn’t it seem strange to you that the Sub-
scribers’ Actuarial Committee didn’t contact you for this
money? A. No, it didn’t. It didn’t even occur to me.
Q.39. Did you know Mr. Street was one of the two
trustees handling this 30 per cent fund? A. No.
Q.40. Did you send out this check to Mr. Street
before you received the other check from Mr. Haid’s
office? A. I didn’t send the check to Mr. Street. I
sent it to Mr. Haid.
Q.41. I know, but did that check leave your office
before you received the dividend check? A. I do not
think so. I think our entry on our books will show that
it went out the same day.
Q.42. Didn’t you look at the dividend check and
_see that it was signed by C. R. Street and R. J. Folonie,
Trustees? A. I can’t remember now. I can’t remember
the check at all.
Q.43. Do you mean to tell this court that you sent
out the money simply because Mr. Haid asked you to?
A. Well, why net?
Q.44. I am not testifying. I am asking you. A.
Well, I had every confidence in Mr. Haid. I supposed
it was a regular thing that all of the companies were
doing it. I think probably he told me that.
Q.45. But regardless of your confidence in him,
didn’t you feel it your duty to ask some questions and
34 Ciype P. SmrrH—DIREcT
find out what this was all about? A. No, because I
supposed there would be an accounting; that is customary.
Q.46. Well, Mr. Street lived for almost two years
after this transaction. Did you ever get an account-
ing? A. That is something that would be up to our
Western Department.
Q.47. Who is in charge of your Western Depart-
ment? A. Smith and Wheeler now.
Q.48. It was Mr. Dugan? A. It was Mr. Dugan,
yes.
Q.49. Why didn’t it occur to you as strange that
they didn’t contact the Western Department to get this
check? A. No, because the previous check that was
issued the year before had come from Hartford and it
represented a whole group of our companies, you see.
Q.50. That was a check that was isued in May, 1935?
A. That is the one, yes.
Q.51. Just tell us all you know about that check.
A. Well, as I recall it, Mr. Bissell telephoned me for
the check and told me to charge it to suspense. The check
was charged to suspense and in December of that year,
before the year closed, I asked Mr. Bissell if we could
clear that, and so he wrote the Wes
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