The Brothers Part Company
One would imagine that the three partners of Comstock & Brother would have been exhausted by litigation and would be eager to work amicably together for years. But such was not to be the case. The recovered records give notice of a lawsuit (1866) between George Comstock on the one hand and William H. Comstock and Judson on the other. No other documents relating to this case were found, and thus the precise issue is not known, or how it was finally settled. However, it was obviously a prelude to the dissolution of the old firm.
Letters and documents from the several years preceding this event suggest that Judson had become more prominent in the business, and that he and William H. Comstock had gradually been drawing closer together, perhaps in opposition to George. Judson, although a partner of Comstock & Brother, also operated under his own name at 50 Leonard Street and had originated several of the medicines himself. It is not clear whether the old firm of Comstock & Brother was formally dissolved, but after 1864 insurance policies and other documents referred to the premises as "Comstock & Judson." In 1863 the federal internal revenue license in connection with the new "temporary" Civil War tax on the manufacturing of drugs
was issued simply to B.L. Judson & Co., now located, with the Comstocks, at 106 Franklin Street.
| FIGURE 11.—This
announcement, sent to all customers of the Indian Root Pills,
marked the final termination of the long dispute between two
firms, both named A.J. White & Co., and both of whom claimed
ownership of the pills . |
During this period Judson and William Henry Comstock became interested in a coffee-roasting and spice-grinding business, operated under the name of Central Mills, and located in the Harlem Railroad Building at the corner of Centre and White Streets. Possibly George objected to his partners spreading their energies over a second business; in any case, dissension must have arisen over some matter. On April 1, 1866, balance sheets were drawn up separately for B.L. Judson & Co. and Comstock & Judson; the former showed a net worth of $48,527.56 against only $5,066.70 for the latter. Both of these firms had a common bookkeeper, E. Kingsland, but the relationship between the firms is not known.
On April 25, Judson and William H. Comstock sold their coffee-roasting business to one Alexander Chegwidden, taking a mortgage on the specific assets, which included, besides roasters and other machinery, a horse and wagon. But if this had been a factor in the controversy among the partners, the sale failed to end it, for we find that on December 21, 1866, George W. obtained an injunction against William Henry and Judson restraining them from collecting or receiving any accounts due the partnership of B.L. Judson & Co., transferring or disposing of any of its assets, and continuing business under that name or using any of its trademarks. Unfortunately, we have no information as to the details of this case or the terms of settlement, but we do find that on February 1, 1867, the law firm of Townsend, Dyett & Morrison rendered a bill for $538.85 to B.L. Judson and William H. Comstock for "Supervising and engrossing two copies of agreement with George W. Comstock on settlement" and for representing the two parties named in several actions and cross actions with George.
This settlement, whatever its precise character may have been, obviously marked the termination of the old partnership—or, more properly, the series of successor partnerships—that had been carried on by various of the Comstock brothers for over thirty years. William Henry, the former clerk and junior partner—although also the son of the founder—was now going it alone. Before this time he had already transferred the main center of his activities to Canada, and he must have been contemplating the removal of the business out of New York City.
After this parting of the ways, George W. Comstock was associated with several machinery businesses in New York City, up until his death in 1889. During the Draft Riots of 1863 he had played an active role in protecting refugees from the Colored orphanage on 43rd Street, who sought asylum in his house at 136 West 34th Street.