was the position of J. Carlton and George that as they, equally with
Lucius, were heirs of the dissolved firm of Comstock & Co. Brothers,
they had as much right as Lucius to receive and open letters so
addressed. Moreover, since the predecessor firm of Comstock & Co. had
never been dissolved, J. Carlton also shared in any rights, claims, or
property of this firm. In a more personal vein, the brothers also
asserted in their brief that Lucius "is not on speaking terms with his
aged mother nor any one of his brothers or sisters, Nephews or Nieces,
or even of his Uncles or Aunts, embracing quite a large circle all of
whom have been estranged from him, either by personal difficulties with
him, or his improper conduct towards his brothers." Lucius, in turn, had
copies of his charges against his brothers, together with aspersions
against their character and their medicines, printed as circulars and
widely distributed to all present or former customers in the United
States and Canada.
Meanwhile the civil litigation respecting the division of the assets of
the old partnership, broken down into a welter of complaints and
countercomplaints, dragged on until 1852. No document reporting the
precise terms of the final settlement was discovered, although the
affair was obviously compromised on some basis, as the surviving records
do speak of a division of the stock in New York City and at St. Louis.
The original premises at 57 John Street were left in the possession of
Lucius. In this extensive litigation, J. Carlton and George were
represented by the law firm of Allen, Hudson & Campbell, whose bill for
$2,132 they refused to pay in full, so that they were, in turn, sued by
the Allen firm. Some of the lengthy evidence presented in this
collection suit enlightened further the previous contest with Lucius. He
was described as an extremely difficult person: "at one time the parties
came to blows--and G.W. gave the Dr. a black eye." The action by the
law firm to recover its fee was finally compromised by the payment of
$1,200 in January 1854.
The settlement of the affairs of Comstock & Co. Brothers failed to bring
peace between Lucius and the others. The rival successor firms continued
to bicker over sales territory and carried the battle out into the
countryside, each contending for the loyalty of former customers.
Letters and circulars attacking their opponents were widely distributed
by both parties. As late as December 1855, more
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