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

mail from the post office, although the case
had been dismissed by the court.
But somehow the new firm of Comstock & Brother triumphed over
Comstock & Co., for in the summer of 1853 Lucius found it necessary
to make an assignment of all of his assets to his creditors. Thereafter he
removed his business 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,