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 _Express_, the _Commercial
Advertiser_, and the _Tribune_. In fact, a spirited debate in the
"affair of the letters" was carried on in the pages of the press for a
week. The brothers defended themselves in the following notice printed
in the _Morning Express_ for May 31: