Morton K. Lange v. Liberty National Insurance Company, a Corporation, Liberty National Insurance Company, a Corporation, Cross-Appellant v. Morton K. Lange, Cross-Appellee

324 F.2d 237 Morton K. LANGE, Appellant, v. LIBERTY NATIONAL INSURANCE COMPANY, a corporation, Appellee. LIBERTY NATIONAL INSURANCE COMPANY, a corporation, Cross-Appellant, v. Morton K. LANGE, Cross-Appellee. No. 18226. United States Court of Appeals Ninth Circuit. November 5, 1963. Rehearing Denied December 11, 1963. Thomas A. Mitchell, Coeur d'Alene, Idaho, for appellant. Morton K. Lange, St. Louis, Mo., in pro. per. McNaughton & Sanderson, and H. S. Sanderson, Coeur d'Alene, Idaho, for appellee. Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and BROWNING, Circuit Judge. MADDEN, Judge. 1 The plaintiff, Morton K. Lange, sued the defendant, Liberty National Insurance Company, because, he alleged, it illegally came into possession of $50,003.00 which he paid to a trustee pursuant to an escrow agreement for the purchase of stock in the defendant company. The plaintiff alleged in his petition that he had attached certain conditions to his subscription and payment to the trustee, and that, although those conditions were agreed to by the defendant and were never fulfilled, the defendant took the plaintiff's money and has refused to return it. The plaintiff's…