Anderson v. Tate

Where a suit was brought upon a promissory note against three makers thereof, for the purpose of collecting the principal, interest, and attorney’s fees, and no defense was made except by one of the makers, who denied liability for attorney’s fees, and the question of his liability depended upon whether he had received the due and legal notice prescribed by the statute in order to fix liability for attorney’s fees in such eases, and he resisted judgment for attorney’s fees upon the ground that the notice which he actually received (and which had been lost) recited that suit would be entered…