WESTERN AUTO SUPPLY CO. v. VICK

No. 11.

277 S.E.2d 360 (1981)

WESTERN AUTO SUPPLY COMPANY v. James Oliver VICK, Trading and doing business as a Western Auto Associate Store.

Supreme Court of North Carolina.

May 5, 1981.


Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Michael E. Weddington and Carl N. Patterson, Jr., Raleigh, for plaintiff.

Biggs, Meadows, Etheridge & Johnson by M. Alexander Biggs and Samuel W. Johnson, Rocky Mount, for defendant.

Berry, Bledsoe, Hogewood & Edwards, P.A., by Harry A. Berry, Jr., Dean Gibson and Gary D. Chamblee, Charlotte, for the North Carolina Consumer Finance Ass'n, Inc., amicus curiae.

A. Thomas Small, Raleigh, for First Union Nat. Bank of North Carolina, amicus curiae.


BRITT, Justice.

The Court of Appeals held that the transactions between the parties which gave rise to defendant's counterclaim involved the payment of interest in return for the forbearance of money owed on account. Accordingly, the court concluded that the North Carolina usury statutes governed the conduct of the parties in the transfer of the chattel paper under the purchase agreement. In particular, the Court of Appeals directed its attention to two of the findings...

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