Berkowitz v. Mayflower Securities, Inc.

*536Dissenting Opinion By

Mr. Justice Roberts:

At a moment in our jurisprudence when society expects the highest degree of integrity of those holding positions of public trust and confidence,1 it is shocking indeed to witness a licensed securities dealer abuse its position of trust. In my view, this Court unwisely chooses to approve the lawless conduct of Mayflower Securities. I dissent from the majority’s failure to condemn Mayflower’s resort to self-help.

The pertinent facts are undisputed. Mayflower, the sole underwriter of a new issue of 3i Company, received from appellant an indication of…