Failure

In legal.parlance, the neglect of any duty may be a failure, and the commission of any fault a delinquency. When applied to a mercantile concern, it means an inability to meet its debts from insolvency. It is synonymous with insolvency, which see. Boyce v. Ewart, 1 Rice (S. C.) 126.

In a general sense, deficiency, want or lack; ineffectualness; inefficiency as measured by some legal standard; an unsuccessful attempt. White v. Pettljohn, 23 N. C. 55; State v. Butler, 81 Minn. 103, 83 N. W. 483; Andrews v. Keep, 38 Ala. 317. In commerclal law, the suspension or abandonment of business by a merchant, manufacturer, bank, etc., in consequence of insolvency. American Credit Indemnity Co. v. Carrolton Furniture Mfg. Co., 95 Fed. 115, 36 C. C. A. 671; Terry v. Caiman. 13 S. O. 220; State v. Lewis, 42 La. Ann. 847, 8 South. 602.

— Failure of consideration. As applied to notes, contracts, conveyances, etc., this term does not mean a want of consideration, but implies that a consideration, originally existing and good, has since become worthless or has ceased to exist or been extinguished, partially or entirely. Shirk v. Neible, 156 Ind. 66, 59 N. E. 281, 83 Am. St Rep. 150; Crouch v. Davis, 23 Grat. (Va.) 75; Williamson v. Cline, 40 W. Va. 194, 20 S. B. 920

— Failure of evidence. Judicially speaking, a total "fnilure of evidence" means not only the utter absence of ali evidence, but it also means a failure to offer proof, either positive or inferential, to establish one or more of the many facts, the establishment of all of which is indispensable to the finding of the issue for the plaintiff. Cole v. Hebb, 7 Gill & J. (Md.) 28,

— Failure of issue. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death, etc. An indefinite failure of issue is the period when the issue or descendants of the first taker shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any particular time or any particular event. Huxford v. Milligan, 50 Ind. 546; Vaughan v. Dickes, 20 Pa. 514; Parkhurst v. Harrower, 142 Pa. 432, 21 Atl. 826, 24 Am. St. Rep. 507; Hackney v. Tracy, 137 Pa. 53, 20 Atl. 560; Woodlief v. Duckwall, 19 Ohio Cir. Ct. R. 564.

— Failure of jnstice. The defeat of a particular right, or the failure of reparation for a particular wrong, from the lack of a legal remedy for the enforcement of the one or the redress of the other.

— Failure of record. Failure of the defendant to produce a reconi which he has alleged and relied on in his plea.

— Failure of title. The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell.

— Failure of trust. The lapsing or non-efficiency of a proposed trust, by reason of the defect or insufficiency of the deed or instrument creating it, or on account of illegality, indefiniteness, or other legal impediment.

In legal parlance, the negleet of any duty may be deseribed as a “failure.” But in the language of the business world this term, applied to a merchant or mercantile concern, means an inability to pay his or their debts, from insolvency, and the word must be regarded as synonymous with “insolvency.” 1 Rice, 140, According to other authorities, “failure,” in this sense, means a failure to meet current obligations at maturity. Insolvency looks to the ability to pay; failure to the fact of payment, Failure is the outward act which stands for evidence of insolvency. 13 8. C, 926. See, also, 10 Blatchf. 256; 24 Conn. 310.

1. The state or condition of being wanting; a falling short; deficiency or lack; defect, want, absence; default; defeat. Failure of consideration. Want or absence of a legal consideration. This may be either partial or total.' See Consideb-

commercial law, signifies the situation of a debtor who finds himself in the of arene pac paying his debts. Louis. Code, art 3522, No. 15. See Insolvency; Insolvent; Bankrupt.