Hetherington v. O'Dwyer

In an action to rescind a portion of an option selected by plaintiff on his retirement, judgment in favor of plaintiff reversed on the law and the facts, without costs, and the complaint dismissed on the law, without costs. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. That plaintiff was not aware of his wife’s condition at the time he made the selection for her is not ground for setting aside the option selected (Davis V. Equitable Life Assur. Society, 280 N. Y. 656), nor is there unjust enrichment on the part of…