Fungible Things
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[Lat. res fungibiles.] In the civil law. Things which may be furnished or restored in kind {qitct functionem recipiunt in genere;) as diblinguished from specific things. A barbarous term, supposed to have originated in the use of the words functionem recipere^ in the DigesU.
Dig. 12. 1. 2. 1 Mackeldey's Civil Law, 153, § 148.
Sometimes confined to moveable things which may be weighed, counted or measured, (^u^^jsondere, numero, vel mensura constant.) Id. ibid. In this sense, the word fungible is still used in Scotch law.
1 Bell's Com. 255, (5th ed.) Story on Bailm. § 284.
Dr. liallifax describes res fungibiles as consumable goods, or things tliat perish in the using. Mo Uifax Anal. b. % c.
8> 15.