Specie
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. A note drawn payable in specie, means in gold and silver, within the Kentucky statute requiring the fact to be added to the enrolment of a judgment in such case, that the note recovered on was for gold and silver.
Webb v. Moore, 4 T. B. Mon. 483. " 2.
When spoken of a contract, the expression " perfoi-mance in specie " means strictly, or according to the exact terms. As applied to things, it signifies individuality or identity. Thus, on a bequest of a specific picture, the legatee would be said to be entitled to the delivery of the picture in specie, i.e. of the very thing. Whether a thing is due in genere or in specie depends, in each case, on the will of the transacting parties.