Berl v. Rosenberg

Plaintiffs, partners, are security brokers. One Melville C. Rosenberg, under the terms of a written contract, engaged plaintiffs to act as his broker. In the regular course of business plaintiffs came into possession and held in Melville C. Rosenberg’s account certain securities. Melville committed suicide by taking morphine sulphate. With the consent of all concerned plaintiffs sold the securities, deriving $8,003.68 from the sale. The three defendants claimed the fund. Plaintiffs interpleaded the three claimants. The trial court determined that defendant Marion Clemens was entitled to the…