# Appendix — American Insurance v. Lucas

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0027%3A3

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1941
- **Citation:** 314 U.S. 575

## Text

= wwe eS _
a he eo te a) re

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.

II

Il

II

Il

II

II

II

II

II

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.

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114

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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.

‘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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0027%3A3. Public record. Not legal advice.
