Toner

This is an action for damages brought by the heirs of Mary E. Toner, deceased. The defendants are the executors of Charles Meussdorffer, deceased, and in their representative capacity leased certain premises to the plaintiff, Hugh Toner, who was the husband of Mary E. Toner, deceased, and is the father of the other plaintiffs. In the action it is sought to recover for the death of the said Mary E. Toner, which it is charged was caused by deceit and fraud practiced upon Hugh Toner by the defendants.

*464 The action, if it could be maintained at all, is properly brought against defendants in their individual capacity, for, in no event, could the estate be charged with damages for the fraud of the executors. Judgment was for the defendants upon the pleadings, and the question to be decided is, therefore, whether the complaint states a cause of action.

After the averment of the letting of the premises, and a description of them, it is alleged in the complaint as follows:

The allegation of knowledge on the part of the defendants is that, while the plaintiff and his family were occupying the premises, the defendants knew of their condition. But in the next paragraph it is alleged…