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

Lee, the inventor of the Bilious
Pills.]
[Illustration: FIGURE 1.--Original wrapper for Carltons Liniment,
1851.]
The partnership of Comstock & Co. between Lucius and Albert was
terminated by a dispute between the two brothers in 1841, 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