What is FAIL?

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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