In re Berman

The petitioner, a judgment debtor, made an application for an ■ order exempting him from arrest pursuant to the provisions of article IV of the Debtor and Creditor Law. Appellant opposed the motion at Special Term without success. The order entered is attacked on this appeal.

We are of the opinion that the court erred in granting this application, since the debt upon which the appellant’s judgment was rendered did not arise “ upon a contract previously made ” within the meaning of section 101 of the Debtor and Creditor Law.

The appellant instituted an action against the petitioner for…