Judgment affirmed, with costs, upon the ground that while an oral warning by the seller that the butter is renovated butter 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.