Asbestos, Ltd. v. Hudson Cement & Supply Co.

The question here arises on motion for new trial. I have had some difficulty in reaching a conclusion because of the exact manner in which the question was presented. It arises upon a proffer of proof made by defendant in the course of his defense and while at *611the time I sustained objection to the evidence, counsel £or defense asked leave to dictate into the record proffer of proof, which was done quietly and not. within hearing of the jury, nor did the Court, at the time either hear or read the terms of the proffer but understood in a general way what the proffer was.

Since the argument of…