Friday, April 1, 2022

A Moving Day

 

Back when New York City began as a colonial backwater, May 1st was a day of madness, something worth noting despite the prevalence of aberrant behavior. On this day, every year, all leases would end at the same time – 9 AM. The landlord-imposed frenzy created a mad rush for new homes by anxious renters. But it was a sensation, a local custom, which carried on through the years. For many people, this was the only exercise and fresh air they got. And think of the deals. This was long before people hoarded expensive Louis Vuitton luggage parcels under their beds. The weather was usually good and by 11 AM, the people who hadn’t found shelter, simply went across the river to Brooklyn for cheaper pastures. 


What many people, even the nation’s preeminent legal scholars don’t know, is that for centuries April Fools’ Day provided a similar circumvention of the social contract. As the country and city grew together, April 1st represented a chance to get away with things that would otherwise be considered if not criminal, than in poor taste. There are rulings, which had withstood the test of time.


The Estate of J.A. Delancey v. Trinity Church

Josias Delancey visited his local parish on April 1, 1818, getting a guarantee from the on-duty priest he'd make it to heaven, despite a lifetime of sins, big and small. 


Lispenard v. Giovanni The Grocer

A landmark case in New York Supreme Court history (1797). Lispenard, a wealthy magnate, shopping for his weekly produce, stopped by Giovanni’s stand on the morning of April 1, 1797. Giovanni convinced the richer man to purchase sixteen hundred “El Dorado” papayas, claiming they had similar properties to the Fountain of Youth, though immortality was only attainable in huge quantities. Lispenard eventually first went bankrupt, then lost his home exactly one month later. The only good news for him was he kicked his gout with a steady diet of fresh fruit. 


Chrystie v. Forsyth and Forsyth

Moses Chrystie was a city politician with a penchant for the dramatic. On the afternoon of April 1888, he was walking his dog, General Washington, through the streets of Old New York when he was approached by Mortimer Forsyth, a local rogue. Forsyth mentioned how it was a shame his dog couldn’t speak his home country’s native tongue. The beast was a German Shepherd, so his knowledge of the teutonic tongue was probably hidden, out of a sense of propriety and respect for his master. Chrystie handed over thousands of dollars watching as Forsyth patiently taught the dog how to conjugate verbs. Later in the day, Forsyth’s youngest brother, Randolph, arrived on the scene hauling a dolly of Dog to English/English to Dog dictionaries. In all, Chrystie spent most of his life savings in one afternoon hoping to hear General Washington recite his namesake’s famed Farewell Address. 


The last two cases were important in upholding the now universal principle of caveat emptor, or buyer beware. If you can believe it. 

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