Western Auto Supply Co. v. Vick

I respectfully dissent from the majority for several reasons.

First, I find the majority’s reliance on prior North Carolina cases to be misplaced. It is true that prior decisions of this Court, such as Bynum v. Rogers, 49 N.C. 399 (1857), have said that if the purchaser of a note requires the endorsement of the seller as a guaranty of payment the transaction is, between the immediate parties, in effect, a loan. But Bynum and its companion cases involved settings far removed, both factually and temporally, from that found in the case at bar.

The controlling precedent so heavily relied on by the…