History of the Comstock Patent Medicine Business and Dr. Morses Indian Root Pills | Page 5

from John Street to 45 Vesey Street, in the rear of St. Paul's Churchyard, but although he put out impressive new handbills describing his firm as "Wholesale Chemists, Druggists and Perfumers," he apparently no longer prospered in the drug trade, for old New York City directories show that he shortly turned his main energies to the practice of law. Versatile as he was, Lucius entered the Union Army as a surgeon during the Civil War, and upon his return he resumed his legal career, continuing to his death in 1876. Aside from his role in the Comstock medicine business, Lucius also rates a footnote in United States political history as the foreman of the grand jury that indicted Boss Tweed in 1872.
*A New Partnership Formed*
The two proprietors of Comstock & Brother at 9 John Street were the brothers George Wells and J. Carlton Comstock. At the time of the events just related, their nephew, William Henry Comstock, was an employee, but not a partner, of the firm (he was the "clerk" who had removed the controversial letters from the post office). This partnership was terminated by the death on September 17, 1853, of J. Carlton Comstock, the inventor of the veterinary medicines.
To continue the business, a new partnership, also under the name of Comstock & Brother, comprising George Wells Comstock, William Henry Comstock, and Baldwin L. Judson, was formed on October 1, 1853. Judson was the husband of Eliza, a sister of Lucius and his brothers. George contributed one half of the capital of the new firm and the other two, one quarter each; however, exclusive possession of all trademarks, recipes, and rights to the medicines was reserved to George. It is not clear precisely when Judson entered the drug business or first became associated with the Comstocks; there is some evidence that he had previously been in business for himself, as several remedies were registered by him prior to this time. Judson's Chemical Extract was registered with the Smithsonian by the Comstock firm in 1851, but Dr. Larzetti's Juno Cordial or Procreative Elixir had previously been entered by Judson & Co. in 1844. A variant of the Juno Cordial label also mentions Levi Judson (a father?) as Dr. Larzetti's only agent in America.
Besides the "new" remedies, the Comstock firm--both Comstock firms--was also selling all of the "old" patent medicines, most of them of British origin. These included such items as Godfrey's Cordial, Bateman's Pectoral Drops, Turlington's Balsam of Life, British Oil, and others. The only strictly American product that could claim a venerability somewhat approaching these was Samuel Lee's Bilious Pills, patented on April 30, 1796.
Most of the more recent remedies probably had been originated by local doctors or druggists, either upon experimentation or following old folk remedies, and after enjoying some apparent success were adopted by drug manufacturers. With rare exceptions, however, the names of the discoverers never seem to have made their way into medical history.
[Illustration: FIGURE 3.--Original wrapper for Judson's Chemical Extract of Cherry and Lungwort, printed about 1855.]
*Entrance of Dr. Morse's Indian Root Pills*
During the summer of 1855 the Comstock firm, now located at 50 Leonard Street, was approached by one Andrew J. White, who represented himself as the sole proprietor of Dr. Morse's Indian Root Pills and who had previously manufactured them in his own business, conducted under the name of A.B. Moore, at 225 Main Street, in Buffalo. Actually, White's main connection with this business had been as a clerk, and he had been taken in as a partner only recently. Nevertheless, the Comstocks accepted his claims--carelessly, one must believe--and on August 10, 1855, signed a contract with White for the manufacture and distribution of these pills.
The originator of these pills was Andrew B. Moore. This is clear from several legal documents, including an injunction proceeding in behalf of White and Moore in 1859, which reads in part as follows:
The defendant Moore always had an equal right with White to manufacture the pills--and by the agreement of 21st June, 1858 Moore is (illegible) to his original right and the defendants are manufacturing under Moore's original right....
The plaintiffs (the Comstocks) by their acts have disenabled Moore from using his own name.... (emphasis in original).
[Illustration: FIGURE 4.--Label for Dr. Larzetti's Juno Cordial, 1844.]
[Illustration: FIGURE 5.--List of medicines offered by Comstock & Brother (predecessor of the firm which later moved to Morristown) in 1854.]
In an undated form of contract, between Moore on the one part and George Comstock, William H. Comstock, Judson, and White on the other part, the parties agree, at Moore's option, either to sell all rights and interest in Dr. Morse's Indian Root Pills to him, or to buy them from him, but in the latter event he must covenant that "he will forever refrain from the manufacture or sale of any medicine