History of the Comstock Patent Medicine Business and Dr. Morse's Indian Root PillsShaw, Robert B.
History
History of the Comstock Patent Medicine Business and Dr. Morse's Indian Root Pills
Shaw, Robert B.
Patent medicines -- United States; W.H. Comstock Co.
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:
Public-domain text, read in full here on John Shaqi.
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