The New York herald., 1922-08-06
BACKER IN RUM DEAL
SUES TIMOTHY SHINE
NJ. j. Kenny Says Cafe Owner
Slandered and Beat Him in
BrOome Street.

Timothy J.. Shine, cafe owner, OF 42G
Seventh avenue, is defendant in Su-
preme Court in a $4,000 action for
alleged slander and assault. it became
known yesterday. 1t also was learned
that Justice Lydon had granted an at
tachment to Michael j. Kenny in his
suit TO recover 5000 from the Phar-
maceutical Supply Company, Inc.
Kenny Is seeking to recover on a note
for 900 which he says the pharma-
ceutical concern gave him for loan
last April to obtain the release of 1850
cases or Bourbon whisky from a Ken
lucky warehouse. The company has
been In the wholesale drug business at
4S0 Broome street for year and a half.
Shine is being sued for $4,000 dam
ages for alleged slander and $4,000 for
alleged assault as result Of what seem
to have been unsuccessful efforts by
Kenny to get promised returns for his
note late last month. ak Kahn. treas
urer of the Pharmaceutical Supply Com
pany. is the plaintiff against Shine.
Kenny Sueu lne company, dlleSlllS
that Isidore Rapport president. has left
the State with the intention of defraud-
ing it's creditors and that he has taken
all the property Of the company except
few drugs in the Broome street estab-
lishment.
Kennys affidavit recited that he ac-
cepted a $4,000 note April ., signed
Rapaport. indorsed by Kenny 10
7. ]. Shine and Reimbursed by Shine to
Kenny, the note to fall due in thirty
days. Kenny. in return for this ad-
vance on the whisky. was to have the
privilege of purchasing 500 cases at s45
a case. He explained that Rapaports
company held permits to deal in liquor,
and his own place. of business. he said
was at 212 West Twenty eighth street.
After getting permission to withdraw
500 cases from the supply which Rapa-
port represented he had in his ware
house, Kenny said Rapaport called him
on the telephone July 2S and told him
to go to the Broome street address the
next day at IL o'clock with the largest
truck he could find and four or five men
to get the whisky and quantity of
drugs which he said would be worth
$4,000.
When Kenny appeared at $50 Broome
street on July % he said he was in
formed by Max Kahn. treasurer Of the
company and Rapaport's brother-in-law.
that Rapaport had sailed that forenoon
for Europe by the Majestic and that
the company had gone out of business.
On alleged representations of Kahn
that the whisky and drugs were in the
warehouse. Kenny said he went to the
office of the state prohibition director
and informed r. l.. Harper. an agent in
charge Of revocation proceedings. Of his
pursuit of the whisky and drugs. Two
days later, II appears, Harper sent in
spectors TO Broome street A single
barrel of whisky was found, according
to Kenny.
Kenny further declared that Kahn
told him Rapaport had CLEANED out
everything and had not left a nickel
outside the stock of drugs"
Shines encounter with Kahn, accord
ing to papers filed in those two suits
took place at 4s0 Broome street on July
80. Kahn alleged that Shine assaulted
struck and bruised him and used not
the best of polite language In speaking
to him in the presence OF others. Kenny
quoted a sentence of thirteen pithy
words, which he alleged were addressed
to him by Shine.