Ness, with other owners. It will be virtually, if not technically, in a partnership with them. It is familiar law that a corporation cannot enter into a partnership." It would not be strictly in a partnership for the reason stated by James, L. J., in Smith v. Anderson, supra, as follows: "Persons who have no mutual rights and obligations do not according to my view, constitute an association because they happen to have a common interest or several interests in something which is to be divided among them." The Massachusetts court well qualified its statement that the corporation would be in a partnership. The court further says: "Most of the reasons for this rule are as applicable to the present case as to an ordinary partnership. ****** Through the trustees who represent the interests of new shareholders as well as of those of the creator of the trust, the rights and interests of the railroad corporation are controlled in part for those who are not members of it or peculiarly interested in it." Here, then, it is disclosed that, merely because the trustees could no longer look with an eye single to the interest of the railroad as sole beneficiary, there was, something so nearly akin to the partnership idea, so far as inhibition on a corporation being in a partnership was concerned, that the scheme was condemned. Exactly for the same reason might a corporation's investment in the stock of another corporation be condemned, the directors of that other corporation being obliged to consider the interests of other stockholders, as well as those of the investing corporation....

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