United States v. J. F. Hattaway

DYER, Circuit Judge:

In this appeal we are called upon to determine whether the Small Business Administration is required to pay attorney’s fees in addition to the defaulted principal and interest of a promissory note secured by mortgage when, although the holder had actual notice of the fee interest of the SBA and its desire to pay the indebtedness, statutory notice to pay within ten days to avoid attorney’s fees was given by the holder only to the maker. The district court entered judgment against the SBA. We reverse.

In January of 1966, Edwin Rocker gave J. F. Hattaway a $50,000 note which…