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The Court secretly decided not to require madison to deliver the commission to Marbury. They found that the Judiciary Act  conflicted with the Judiciary Act.

Judiciary Act:
The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress. ... The existence of a separate federaljudiciary had been controversial during the debates over the ratification of the Constitution.

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1- He did have the right to the commissions
2- Yes, He could sue for  the commission

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1. Do the plaintiffs have a right to receive their commissions?
2. Can they sue for their commissions in court?
3. Does the Supreme Court have the authority to order the delivery of their commissions

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Marbury v. Madison (1803) | Judicial Review Is Established

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Marbury Vs. Madison  was an important important event because it was the first Supreme Court case to apply the principle of judicial review, the power of federal courts to void acts of Congress that were in conflict with the Constitution.