Judgment affirmed, with costs, upon the ground that while an oral warning by the seller that the butter is renovated but *633 ter is no excuse for a failure to comply with the statute, still, in view of the concession that the tub was marked according to the statute, the charge of the judge was "wholly immaterial; no opinion.

Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.