In this case I am of opinion that the debt due to Groold Hoyt, executor, &c., represented by the judgment recovered April 1, 1871, and from which debt the bankrupt seeks a discharge, was contracted prior to the 1st day of January, 1869, namely, when the agreement of May, 1868, was made.

The case will, therefore, stand for hearing on the specifitions filed by said creditor.