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, between Moore on the one part and George Comstock, William H. Comstock, Judson, and White on the other part, the parties agree, at Moore’s option, either to sell all rights and interest in Dr. Morse’s Indian Root Pills to him, or to buy them from him, but in the latter event he must covenant that “he will forever refrain from the manufacture or sale of any medicine called Dr. Morse’s Root Pills, Moore’s Indian Root Pills, or Morse’s Pills, or Moore’s Pills, or any other name or designation similar to or resembling in any way either thereof....”

In brief, there never was a Dr. Morse—­other than Andrew B. Moore.  And the Comstocks never claimed any origin of the pills in legal documents, other than their purchase from White.  Subsequently, the company fabricated a lengthy history of the discovery of the pills and even pictured Dr. Morse with his “healthy, blooming family.”  This story was printed in almanacs and in a wrapper accompanying every box of pills.  According to this version, “the famous and celebrated Dr. Morse,” after completing his education in medical science, traveled widely in Asia, Africa, Europe, and North America, and spent three years among the Indians of our western country, where he discovered the secret of the Indian Root Pills.  Returning from one of these journeys after a long absence, he found his father apparently on his death bed.  But let us quote the story directly: 

A number of years ago this good man was very sick.  He had eight of the most celebrated doctors to attend him both night and day.  With all their skill this good and pious gentleman grew worse, and finally they gave him up, saying that it was impossible to cure him and he would soon die ...  In the afternoon he was taken with shortness of breath and supposed to be dying.  The neighbors were sent for, the room soon filled, and many prayers were offered up from the very hearts of these dear Christian people, that some relief might be obtained for this good and pious man.

While these prayers were ascending like sweet incense to the throne above, and every eye was bathed in tears, a rumbling noise was heard in the distance, like a mighty chariot winding its way near, when all at once a fine span of horses, before a beautiful coach, stood before the door,