Commercial Nat. Bank of San Antonio v. Continental Bank & Trust Co. of New York

HOLMES, Circuit Judge.

This is an appeal from a decree for the specific performance of a contract to cooperate in the settlement of a claim, and to execute releases required for such purpose, upon request of the holder of a note given by appellant to appellee. The note is secured by the assignment of the claims of appellant against the JEtna Casualty & Surety Company under two bonds of the latter company; and the bonds, designated as Bankers’ Blanket bonds, aggregating $150,000, together with all claims and demands of every nature whatever against said surety company, were assigned to appellee…