Lange

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 *238 and were never fulfilled, the defendant took the plaintiff’s money and has refused to return it. The plaintiff’s payment to the trustee was made on or about January 8, 1957, and the money was turned over to the defendant on January 18 and 21.

Certain facts relating to the plaintiff’s relation to the defendant company are pertinent. Early in 1955 the plaintiff was looking about for an insurance company that would write insurance for United States military personnel in Europe, principally in Germany. He desired to be, personally or through a corporation, the selling agent for such insurance. He formed a corporation, Transatlantic Casualty Underwriters, Inc., wholly owned by himself, to be such an agent. His corporation…