Marcum v. Wilhoit, Banking and Securities Com'r

Opinion of the Court by

Judge Ratliff

— Reversing.

U. G. Marcum, the appellant, brought this action against appellees under the provisions of the Declaratory Judgment Act, Section 639a — 1 et seq. of the Civil Code of Practice, seeking a declaration of the rights of the parties as to whether appellant and his partners of the firm of the Marcum Grocery Company are entitled to have a deposit in the insolvent Bank of Campbellsville (hereinafter referred to as the bank)' applied as a set-off against a note which appellant TJ. G. Marcum, a member of the firm, executed in his individual name and owed…