1. The difference between “fail” and “refuse” is that the latter involves an actof the will, while the former may be an act of inevitable necessity. Taylor v. Mason, 9Wheat. 344, 6 L. Ed. 101. See Stallings v. Thomas, 55 Ark. 320, 18 S. W. 184; TelegraphCo. v. Irvin, 27 Ind. App. 02, 59 N. E. 327; Persons v. Ilight, 4 Ga. 497.2. A person is said to “fail” when he becomes insolvent and unable to meet his obligationsas they mature. Davis v. Campbell, 3 Stew. (Ala.) 321; Mayer v. Hermann, 16 Fed. Cas. 1,242.
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