History of the Comstock Patent Medicine Business and Dr. Morses Indian Root Pills | Page 3

and Albert went his own way, taking up a career as a physician and living until 1876. Lucius next went into business with his mother-in-law, Anne Moore, from 1841 to 1846; after the dissolution of this firm, he formed a new partnership, also under the name of Comstock & Co., with his brother John (generally known as J. Carlton). This firm again employed as clerks George Wells Comstock and a nephew, William Henry, a son of Edwin. William Henry was to eventually become the founder of the business at Morristown.
In March of 1849, still a new partnership was formed, comprising Lucius, J. Carlton, and George Wells, under the name of Comstock & Co. Brothers, although the existing partnership of Comstock & Co. was not formally terminated. Assets, inventories, and receivables in the process of collection were assigned by Comstock & Co. to Comstock & Co. Brothers. But before the end of 1849 the partners quarreled, Lucius fell out with his brothers, and after a period of dissension, the firm of Comstock & Co. Brothers was dissolved as of August 1, 1850. On or about the same date J. Carlton and George Wells formed a new partnership, under the name of Comstock & Brother, doing business at 9 John Street in New York City, also taking their nephew, William Henry, as a clerk. Lucius continued in business at the old address of 57 John Street. As early as June 30, 1851, the new firm of Comstock & Brother registered the following trade names[3] with the Smithsonian Institution: Carlton's Liniment, a certain remedy for the Piles; Carlton's Celebrated Nerve and Bone Liniment for Horses; Carlton's Condition Powder for Horses and Cattle; Judson's Chemical Extract of Cherry and Lungwort.
The repetition of his name suggests that J. Carlton was the principal inventor of his firm's remedies.
Suits and Countersuits
All of the foregoing changes in name and business organization must have been highly confusing to the wide array of agents and retail druggists over many states and the provinces of Canada with whom these several firms had been doing business. And when George Wells and J. Carlton split off from Lucius and established their own office down the street, it was not at all clear who really represented the original Comstock business, who had a right to collect the numerous accounts and notes still outstanding, and who owned the existing trade names and formulas. Dispute was inevitable under such circumstances, and it was aggravated by Lucius' irascible temper. Unfortunately for family harmony, these business difficulties also coincided with differences among the brothers over their father's will. Samuel had died in 1840, but his will was not probated until 1846; for some reason Lucius contested its terms. There had also been litigation over the estate of Edwin, the elder brother.
With the inability of the two parties to reach friendly agreement, a lawsuit was initiated in June 1850 between Lucius on the one hand and J. Carlton and George Wells on the other for the apportionment of the property of Comstock & Co. Brothers, which was valued at about $25,000 or $30,000. Subsequently, while this litigation was dragging on, Lucius found a more satisfying opportunity to press his quarrel against his brothers. This arose out of his belief that they were taking his mail out of the post office.
On May 26, 1851, one of the New York newspapers, the _Day Book_, carried the following item:
United States Marshal's Office--Complaint was made against J. Carlton Comstock and Geo. Wells Comstock, of No. 9 John Street, and a clerk in their employ, for taking letters from the Post Office, belonging to Dr. L.S. Comstock, of 57 in the same street.
Dr. Comstock having missed a large number of letters, on inquiry at the Post Office it was suspected that they had been taken to No. 9 John Street.
By an arrangement with the Postmaster and his assistants, several letters were then put in the Post Office, containing orders addressed to Dr. Comstock, at 57 John Street, for goods to be sent to various places in the city to be forwarded to the country. The letters were taken by the accused or their clerk, opened at No. 9, the money taken out and the articles sent as directed, accompanied by bills in the handwriting of Geo. Wells Comstock. Warrants were then issued by the U.S. Commissioner and Recorder Talmadge, and two of the accused found at home were arrested and a large number of letters belonging to Dr. C. found on the premises. J.C. Comstock has not yet been arrested. It is said he is out of the city.
These two young men have for some months been trading sometimes under the name of "Comstock & Brother", and sometimes as "Judson & Co." at No. 9 John Street.
The same episode was also mentioned in the