Danger invites rescue

29 Feb 20
cardozo.jpg
cardozo.jpg

Benjamin N. Cardozo was a lawyer with serious mojo. He began his law career in 1891, having passed the New York bar exam despite an uncompleted term at Colombia Law. He co-founded the firm of Simpson, Warren & Cardozo, and practiced there for 23 years.
 
He eventually would serve as a judge at the New York Court of Appeals (New York’s highest court) for 18 years, before service as an Associate Justice of the US Supreme Court from 1932 to 1938. He was appointed by President Hoover to replace the iconic Oliver Wendell Holmes
 
During a time of rapid industrialization, Cardozo is known for his rulings in contract and tort law. As a Supreme Court Justice, Cardozo was a member of the so-called “Three Musketeers”, along with Louis Brandeis and Harlan Stone, in issuing opinions generally supportive of the New Deal agenda of Franklin D. Roosevelt during the Great Depression.

A small sampling of his wisdom:

The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view today. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed ….

Wood v. Lucy, Lady Duff-Gordon (N.Y. 1917). 

Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.

Meinhard v. Salmon (N.Y. 1928) (defining the scope of fiduciary duty inherent in a partnership).

Fraud includes the pretense of knowledge when knowledge there is none.

Ultramares Corp. v. Touche (N.Y. 1931).

Membership in the bar is a privilege burdened with conditions.

In re Rouss (N.Y. 1917).

Danger invites rescue. The cry of distress is the summons to relief ... The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.

Wagner v. International Railway Co. (N.Y. 1926).

The Constitution was framed under the dominion of a political philosophy less parochial in range. It was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division.

Baldwin v. Seelig (U.S. S. Ct. 1935).
Query Thread Page

On this page you can:
 
  • subscribe to this query
    By subscribing, you will receive email (as frequently as you specify) of new activity in this query.
  • vote up or vote down queries and replies
    Voting is a generalized proxy for your assessment of the worth, quality, articulation, etc of a query or reply. Voting up a reply or query increases the reply/query author's mojo by one. After you vote, you have five minutes to undo it.
  • reply to the query or add a comment to the query or any reply
    A reply is a serious substantive response, worthy of addition to the knowledge being recorded for all of us here. Comments, simply, are for responses that are not replies (questions, clarifications, caveats, etc). You must scroll all the way down to add a reply; might as well read all of the replies on the way down. If you would like to include with your reply new legal text for others to edit, feel free to add a clause. Adding a reply gives you one mojo.
  • edit a clause (quick-reply)
    If you want to quickly add a reply that is an edit of another member's legal text, click the edit clause link on the clause you wish to edit, and you will be taken to the bottom of the page, with the text of the clause ready for your edits.
  • select best reply (if you are the author of the query)
    If you authored this query, be sure to select the reply that you believe is the best (and consider explaining why you selected this reply as best in a comment to that reply). You receive one mojo for doing so. The author of the reply you select as best will receive four mojo or the bounty award you posted for this query. You can change your mind as many times as you want. If you de-select a best reply, the reply author loses two mojo or the bounty mojo awarded, and you lose one mojo.
  • edit/update or delete query (if you are the query author)
    If you authored this query, you may edit it at any time, and delete it before a reply has been posted to it. Clauses may be edited only if no other member has redlined that clause. You may also add a bounty award or increase already-posted bounty, at any time (even after a reply has been posted).
  • flag (ie complain about) a query, reply or comment
    Use as sparingly as appropriate given the circumstances.
  • quiver and favorite
    You may add/remove this query to/from your favorites, and add/remove clauses in this query to/from your quiver. If you are a guild moderator, you can similarly add/remove this query to/from guild favorites, and add/remove clauses here to/from your guild quiver.

A friendly reminder: be excellent to each other and remember the human.

FAQs | How do I ...?
What are subscriptions?
Redline allows you to subscribe to queries (so that you can be alerted to new replies and comments that are posted to those queries), members (so that you can know of new queries posted by that member) and guilds (so that you can track new queries posted with tags of guilds you follow). With subscriptions, you are notified via email, and on the Home (Your Notifications) page, of new activity corresponding to your subscriptions. Via the Settings/Subscriptions page, you can manage your subscriptions, including altering the timing of notification emails.