Per Curiam.
The right to arrest depends upon the nature of the cause of action. The complaint fails to allege that defendant was guilty of fraud in contracting or incurring the liability and, accordingly, to support the order of arrest herein, plaintiff may not rely on subdivision 9 of section 826 of the Civil Practice Act; and on argument plaintiff's counsel so admitted. The fraud alleged in the complaint is not in the inducement of the contract but solely...
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