In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith:
(1) Every agreement that, by its terms, is not to be performed within one year from the making thereof; (2) every special promise to answer for the debt, default, or misdoings of another person; (3) every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry; (4) every special promise by an executor or administrator to answer damages out of his own estate; and (5) every agreement for the repurchase of corporate stocks, bonds or other securities.R.S.1866, c. 43, § 67, p. 293; R.S.1913, § 2630; C.S.1922, § 2458; C.S.1929, § 36-202; Laws 1937, c. 88, § 1, p. 289; C.S.Supp.,1941, § 36-202; R.S.1943, § 36-202.