A wife who guarantees a loan to a company controlled by her husband remains a 'volunteer' for the purposes of the Yerkey v Jones / Garcia defence even where she is a director and shareholder of the borrower company and the loan funds are paid into a joint bank account, provided the funds are in substance used for the husband's business purposes and any benefits to the wife are incidental. A pleading that the guarantor 'did not receive any benefit or any consideration of any kind as a result of signing the guarantee' is sufficient to raise the Yerkey v Jones defence.
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