[Assignment by Deed by a 3rd party to a creditor in respect of a debt. Issue — whether the original debt was released by the creditor. Whether the assignment is absolute or by way of charge only is nothing to the point. The debtor promisee may choose with whom he contracts and the burden of a contract may not be assigned to another without his agreement. The creditor did not release the original debt in the deed and the debtor was not a party to it. There was no evidence that the creditor agreed otherwise to release the original debt which
had not been satisfied. The creditor could therefore seek the money from either the debtor or the assignor but could only recover it once. Such recovery is performance of the contract]
