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

II

II

II

II

Il

II

530

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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II

Il

II

II

II

II

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II

xI

Page

15

15

15

15

15

15

15

16

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

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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

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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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