Rufus Wheeler Peckham

“ Now, upon what principle can it be urged that the lessee should compensate the lessor for the value of these contracts when delivered to it, when it had paid for the use, and the property was of such a nature that it became valueless by mere limitation of time? In 1885 they had gone out of existence, and, of course, had no value. The basis for a recovery of property or compensation for its value, in cases of illegal agreements, rests upon the implied contract to return it or pay for it, because there is no right in the party in possession to retain it. ”

“ Counsel for the Pullman Company assert that the cause of action for a return of the property is a purely legal one, of which a court of equity has no jurisdiction, and that it can acquire none simply by the filing of a cross bill. Whatever may be the original character of the liability of the Pullman Company to return or make compensation for the property, we are of opinion that, under the facts above set forth, it cannot object to the filing of the cross bill, or to the determination of the amount of its liability by a court of equity. ”

“ Whichever route may be the correct one, either directly from the circuit court or through the circuit court of appeals, it is unnecessary to decide, because the case is now properly before us either by appeal or by the writ of certiorari, and we therefore proceed to determine it upon the merits. ”